Gorham v. Betts
Court of Appeals of Kentucky
Case 25 — PETITION EQUITY APPEAL FROM SCOTT CIRCUIT COURT. When there is nothing in the context to indicate a contrary intention, the word “ survivors ” must be construed strictly.
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Case 25 — PETITION EQUITY APPEAL FROM SCOTT CIRCUIT COURT. When there is nothing in the context to indicate a contrary intention, the word “ survivors ” must be construed strictly. (Wilmot v. Wilmot, 8 Vesey, Jr., 10; Birney v. Richardson, 5 Dana, 429; Harris v. Berry, 7 'Bush, 113; 2 Redfield on Wills, chap.-14, see. 70, p. 756; 2 Jarman on Wills, 619; Smith v. Osborne, 6 House of Lords Cases, 375; 4 Kent, 261; 1 Jarman on Wills, p. 40.) Cite: Bayless, &c., v. Prescott, &e., 79 Ky., 252; Conn v. Best, 10 Bush, 36; Redfield on Wills, vol. 2, 266-285; Jarman on Wills, vol. 2, chap. 42, p. 536;…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
James Betts died testate in 1856. His will provides inter alia as follows:
“ Fourth. I direct that, after the death of my wife, the remainder of my estate, all debts being first paid, shall be divided among my children, James, Sampson, Sarah, Mary and Charlotte, so as to make them equal, taking into account what each one may have received of me by way of advancements or charged in my estate book, which advancements are to be deducted from the shares of my children respectively; but it is my desire that my three daughters shall have a home where I…
2Cases cited2 opinions
- Bayless v. PrescottCourt of Appeals of Kentucky · 1881
- Best v. ConnCourt of Appeals of Kentucky · 1873
3Cited by4 opinions
- Lide v. MearsSupreme Court of North Carolina · 1949
- Brierly's and Trustee v. NelsonCourt of Appeals of Kentucky (pre-1976) · 1929
- Graves v. SpurrCourt of Appeals of Kentucky · 1895
- Nelson v. IglehartCourt of Appeals of Maryland · 1954