Legal Opinion

Cooksey v. Hill

Court of Appeals of Kentucky

Decided March 22, 1899PublishedCited by 3 opinions

Case 33 — CONSTRUCTION OF WILL — appeal from warren circuit court. 1. Dying without issue or children held to refer to death at any time. Hart v. Thompson, 3 B. M., 488; Moore v. Moore, 12 B. M., 660; McKay v. Merrifield, 14 B. M., 260; Harris v. Berry, 7 Bush, 114; Montgomery v. Montgomery, 11 Ky. Law Rep., •88; Varble, Jr., v. Phillips, 14 Ky.

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Case 33 — CONSTRUCTION OF WILL — appeal from warren circuit court. 1. Dying without issue or children held to refer to death at any time. Hart v. Thompson, 3 B. M., 488; Moore v. Moore, 12 B. M., 660; McKay v. Merrifield, 14 B. M., 260; Harris v. Berry, 7 Bush, 114; Montgomery v. Montgomery, 11 Ky. Law Rep., •88; Varble, Jr., v. Phillips, 14 Ky. Law Rep., 364. 2. The testator makes one disposition of the estate in case his •daughter dies without children, and another if she dies leaving children. This admitís of hut one possible solution — that he was providing for a successor upon her death,…

1Opinion of the Court

JUDGE DuRELLE

delivered the opinion of the' court.

The will of John R. Hill, after reciting that' he was weak in body, providing for the sale of his personalty, with: some reservations for his wife, and daughter, and using-certain expressions, which indicated his expectation of death in the near future, provided as follows:

“Item 7th. It is further my will and I give to my grandson, Joseph Smith, son of Charles and my deceased daughter, Lelia Smith, the tract or parcel of land which I purchased at commissioner’s sale of the land of B. C. Smith, deceased, containing about one hundred and…

2Cases cited8 opinions

  1. Birney v. RichardsonCourt of Appeals of Kentucky · 1837
  2. Wills v. WillsCourt of Appeals of Kentucky · 1887
  3. Thackston v. WatsonCourt of Appeals of Kentucky · 1886
  4. Crozier v. CundallCourt of Appeals of Kentucky · 1896
  5. Hughes v. HughesCourt of Appeals of Kentucky · 1851

3 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. In re the Trust Estate of FarringtonHawaii Supreme Court · 1958
  2. Fox v. Van FleetCourt of Appeals of Kentucky · 1914
  3. McDowell v. KentCourt of Appeals of Kentucky · 1917

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