Legal Opinion

McFatridge v. Holtzclaw

Court of Appeals of Kentucky

Decided May 16, 1893PublishedCited by 14 opinions

Case 60 — PETITION EQUITY — 'The word “heirs” was used in the sense of children. (Thurman v. White’s heirs, 14 B. M., 578; Harper v. Wilson, 2 A. K. Mar, 466; Feltman v. Butts, 8 Bush, 12 .) The words “equally divided,” and “share and share alike, ’clearly import a distribution per capita. (Purnell v. Culbertson, 12 Bush, 369 ; Brown’s Ex’or v. Brown’s devisees,.6 Bush, 648.) A distribution per stirpes, and not per capita., was intended.

1Opinion of the Court

■CHIEF JUSTICE BENNETT

delivered the opinion of the court.

By the last will of S.- S. McFatridge, he willed his estate to his wife for- dife. ■ He willed the remainder interest in his estate as follows: “After the death of my wife, I wish my property disposed of and equally ■divided between the heirs of my brothers and sisters, share and share al ke, as though my brothers and sisters were living,”

The testator had no children, and at- the time of his death and the publication • of his will his • two brothers, William and Harvey McFatridge, and his sister, Mrs. Holtzclaw, were living. One brother…

2Cases cited1 opinion

  1. Purnell v. CulbertsonCourt of Appeals of Kentucky · 1876

3Cited by14 opinions

  1. Kalbach v. ClarkSupreme Court of Iowa · 1907
  2. Prather v. Watson'sCourt of Appeals of Kentucky · 1920
  3. Rogers v. BurressCourt of Appeals of Kentucky · 1923
  4. Gilbert v. WenzelSupreme Court of Iowa · 1956
  5. Hughes v. HughesCourt of Appeals of Kentucky · 1904

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