Davis v. Hardin
Court of Appeals of Kentucky
Case 121 — EQUITY APPEAL FROM MERCER CIRCUIT COURT. THIS OPINION'1 IS PUBLISHED BY ORDER OF COURT. Under deed by husband to a trustee for wife and children, they all take 1 as joint tenants.
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Case 121 — EQUITY APPEAL FROM MERCER CIRCUIT COURT. THIS OPINION'1 IS PUBLISHED BY ORDER OF COURT. Under deed by husband to a trustee for wife and children, they all take 1 as joint tenants. (Powell v. Powell, 5 Bush, 620; Gill’s heirs v. Lyman’s heirs, 11 Bush, 231; 11 B. M., 139, 231; 3 B. M., 404; 6 Bush, 523; Comyn’s Digest, title Fait D.; Modern Reports, 116; Gen. Stat., page 586, sec. 13; Rev. Stat., vol. 2, p. 22; Curtesy — see Gen. Stat., sec. 14, p. 586; Gen. Stat., p. 527, sec. 1; Morehead & Brown’s Statutes, vol. 1, page 444; Statute 27, Henry VIII; Va. Stat., 1785; ICy. Stat.,…
1Opinion of the Court
JUDGE GOFER
delivered tiie opinion of tiie court.
The object of all construction is to discover and effectuate the intention of the person whose writing is to be 'construed, and while technical rules may aid in many cases in accomplishing the result sought, they are not to be followed when the court is satisfied, from an examination of the instrument, that to follow the rule is to defeat the intention. (Turman v. White, 14 B. Mon., 576.)
And while the court must deduce the intention- from the-words of the instrument, those words may be read in the light of attending circumstances and the…
2Cited by21 opinions
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- Harkness v. LisleCourt of Appeals of Kentucky · 1909
- American National Bank v. MadisonCourt of Appeals of Kentucky · 1911
- McFarland v. HatchettCourt of Appeals of Kentucky · 1904
- Bain v. TyeCourt of Appeals of Kentucky · 1914
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