Pearcy v. Greenwell
Court of Appeals of Kentucky
Case 113 — EQUITY APPEAL PROM SHELBY CIRCUIT COURT. 1. The acceptance of a legacy with a lawful charge is itself a contract on the part of the person accepting, and the conditions must all be performed, or the land descends to the heirs.
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Case 113 — EQUITY APPEAL PROM SHELBY CIRCUIT COURT. 1. The acceptance of a legacy with a lawful charge is itself a contract on the part of the person accepting, and the conditions must all be performed, or the land descends to the heirs. (4 Mass., 584; 18 Johns., ' 31; 10 lb., 151; 8 Ind., 452; Munday v. Taylor, 7 Bush, 491; 5 Pick., 528; 10 Watts., 179; 9 lb., 60; 2 Williams’ Ex., 1105; 2 Red. on Wills, 284; lb., 301; Wash, on Real Prop., 448 ; 4 Kent’s Com., sec. 125; 6 Johns. Ch’y, 33; Young v.'Slaughter, 2 Dana, 384.) 2. Mere silent acquiescence in, or parol assent to, an act constituting…
1Opinion of the Court
•CHIEF JUSTICE HARGIS
delivered the opinion of the court :
This was a suit between the heirs at law of Jeremiah Holly, who executed a will in 1849, and died soon thereafter, and the devisees, .under the third clause of his will, which is in this language:
‘ ‘ My will and desire is that all of my land on the west .■side of the road be equally divided between John .Greenwell .and Ralph Greenwell, upon condition that they pay $700 to my wife in one and two years, one half each year, to be her absolute property, and $500 to the elder of this district of •the Methodist Church, to be by him paid over…
2Cited by13 opinions
- Schrader v. SchraderSupreme Court of Iowa · 1912
- Fulton v. TeagerCourt of Appeals of Kentucky · 1919
- Henderson v. GrayNorth Dakota Supreme Court · 1914
- Low v. RamseyCourt of Appeals of Kentucky · 1909
- Grubbs v. GrubbsCourt of Appeals of Kentucky · 1921
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