Page v. Frazer's Executors
Court of Appeals of Kentucky
Case 18 — PETITION EQUITY APPEAL FROM ADAIR CIRCUIT COURT. 1. If the devise to Ermine O. Page and her children, depending upon the condition precedent, was void “ because of its uncertainty, remoteness, and the impossibility of judicially determining when its terms are or may be complied with,” as adjudged by the lower court, the devise over must also be held to be void because the devise over depends upon the non-happening of the same condition precedent, upon which the…
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Case 18 — PETITION EQUITY APPEAL FROM ADAIR CIRCUIT COURT. 1. If the devise to Ermine O. Page and her children, depending upon the condition precedent, was void “ because of its uncertainty, remoteness, and the impossibility of judicially determining when its terms are or may be complied with,” as adjudged by the lower court, the devise over must also be held to be void because the devise over depends upon the non-happening of the same condition precedent, upon which the devise to the first takers depends. “ In regard to estates over, where the first estate depends upon a condition precedent,…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
This was an action brought by the executors of William E. Erazer to have his will construed.
The ninth clause of the will reads as follows :
“ If my sister, Ermine C. Page, after the death of her hus*207band, George M. Page, becomes reconciled to my and her brother, Thomas H. Frazer, and his and her sisters within one year after the death of said George M. Page, my executors arfe directed to pay over to her one equal sixth part of my estate, but if she is not so reconciled within that period, then that sixth part allowed for Ermine is to pass to my…
2Cited by6 opinions
- Seeley v. HincksSupreme Court of Connecticut · 1894
- Chappell v. Frick Co.Court of Appeals of Kentucky · 1915
- Brock v. ConkwrightCourt of Appeals of Kentucky · 1918
- Taylor v. DooleyCourt of Appeals of Kentucky (pre-1976) · 1956
- Hardin's v. HardinCourt of Appeals of Kentucky · 1916
1 more not listed; retrieve them via the Exa API.