White's Trustee v. White
Court of Appeals of Kentucky
Case 78 — PETITION EQUITY APPEAL FROM MADISON COURT OF COMMON PLEAS. 1. Any interest in land, whether vested or contingent, may bo disposed of by deed or will.
Read the full summary
Case 78 — PETITION EQUITY APPEAL FROM MADISON COURT OF COMMON PLEAS. 1. Any interest in land, whether vested or contingent, may bo disposed of by deed or will. (Gen. Stats., chap. 63, art. 1, sec. 6.) 2. The following language in a deed: “At the death of both grantees, Elizabeth Taylor and Lucy Ann White, to vest in fee-simple in the children of Lucy Ann White then living, and the representatives of such as may be dead in equal parts,” conveys a vested interest to the children of Lucy Ann White. (5 Dana, 442, Bowling v. Dobyns; 18 B. JVL, 368, Williamson v. Williamson.) The children of Lucy…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
R. J. White, Jr., made a deed of assignment to the appellant for the equal benefit of his creditors. The only property claimed by R. J. White, outside of that exempt from sale under execution, was one-fifth remainder interest in a tract of land containing two hundred acres. The appellant, as assignee of R. J. White,-instituted suit in the Madison Court of Common Pleas for the purpose of having said one-fifth remainder interest sold. The chancellor, upon the hearing, dismissed the appellant’s petition upon the ground that the interest of R. J.…
2Cited by20 opinions
- Bunting v. SpeekSupreme Court of Kansas · 1889
- Birdsall v. BirdsallSupreme Court of Iowa · 1912
- Fulton v. TeagerCourt of Appeals of Kentucky · 1919
- Leppes v. LeeCourt of Appeals of Kentucky · 1891
- Davis v. WillsonCourt of Appeals of Kentucky · 1903
15 more not listed; retrieve them via the Exa API.