Harris v. Berry
Court of Appeals of Kentucky
Case 7 — PETITION EQUITY APPEAL PROM WOODFORD CIRCUIT COURT. CITED 2 Metcalfe, 130, Wren v. Hyne’s administrator. 5 Dana, 424, Birney v. Bichardson. 2 Jarman on Wills, pages 632, 650, 609-650. 1 Yesey, 408, I-Iill v. Chapman. 6 Yesey, 297, Daniell v. Daniell. CITED 2 Bedfield on Wills, chapter 14, § 70, sections 14, 15. 1 Boper on Legacies, page 426. 8 Yesey, Wilmot v. Wilmot. 4 Kent, pages 265, 266. 12 B. Monroe.
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Case 7 — PETITION EQUITY APPEAL PROM WOODFORD CIRCUIT COURT. CITED 2 Metcalfe, 130, Wren v. Hyne’s administrator. 5 Dana, 424, Birney v. Bichardson. 2 Jarman on Wills, pages 632, 650, 609-650. 1 Yesey, 408, I-Iill v. Chapman. 6 Yesey, 297, Daniell v. Daniell. CITED 2 Bedfield on Wills, chapter 14, § 70, sections 14, 15. 1 Boper on Legacies, page 426. 8 Yesey, Wilmot v. Wilmot. 4 Kent, pages 265, 266. 12 B. Monroe. Hughes v. Hughes. 1 United States Equity Digest, page 374. 2 Desau, 94.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court.
Benjamin Berry, of "Woodford, Ky., who died in the year 1838, published his last will in the year 1833, whereby, after devising his estate equally to his'fifteen children, all then living, he made the following provison: “ Should any of my children die before they attain lawful age or without lawful issue, the portion of my estate bequeathed to them to be equally divided between the survivors.”
One of those children died childless, and another, leaving issue, before the death of the testator, and between that time and the death of -his son,…
2Cases cited1 opinion
- Birney v. RichardsonCourt of Appeals of Kentucky · 1837
3Cited by8 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Waugh v. PoironAppellate Court of Illinois · 1942
- Clarke v. KirkKentucky Supreme Court · 1990
- Brierly's and Trustee v. NelsonCourt of Appeals of Kentucky (pre-1976) · 1929
- Graves v. SpurrCourt of Appeals of Kentucky · 1895
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