McCauley, Peacher & Co. v. Buckner
Court of Appeals of Kentucky
Cask 36 — PETITION EQUITY APPEAL FROM CHRISTIAN CIRCUIT COURT. A devise to one and “the lawful heirs of her body ” passes a life-estate with remainder to the children of the life tenant.
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Cask 36 — PETITION EQUITY APPEAL FROM CHRISTIAN CIRCUIT COURT. A devise to one and “the lawful heirs of her body ” passes a life-estate with remainder to the children of the life tenant. (Eeltman v. Butts, 8 Bush, 119; Tucker v. Tucker, 78 Ky., 503; Davis v. Hardin, 80 Ky., 673; Turman v. White’s Heirs, 14 B. M., 568; Carr v. Estill, 17 B. M., 312.) A devise in terms as above, nothing else appearing in the will to manifest a different intention, vests an estate in fee in the first taker, and extrinsic evidence to show a contrary intention is not competent. (Wheeler’s Heirs v. Dunlap, 13 B.…
1Opinion of the Court
JUDGE LEWIS
delivered the opinion op the court.
The question in this case is, whether Sarah E. Buckner took under the will of her father, S. Gordon, probated in 1852, an absolute or estate for life in the property devised to her. For, if she had only an estate for life, then her son, H. C. Buckner, has an interest in remainder, which may be subjected to the satisfaction of appellant’s debts; otherwise not.
The will is as follows: * Second. I wish my son, William M. Gordon,, to have five negroes out of my estate, which shall be equal in value to the following five which were given to my daughter…
2Cited by10 opinions
- Jennings v. JenningsCourt of Appeals of Kentucky (pre-1976) · 1945
- Meisberg v. BryantCourt of Appeals of Kentucky · 1919
- Simons v. BowersCourt of Appeals of Kentucky (pre-1976) · 1935
- Martin v. PalmerCourt of Appeals of Kentucky · 1921
- Siegel v. CommonwealthCourt of Appeals of Kentucky · 1917
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