Milner v. Calvert
Court of Appeals of Kentucky
CASE 22 — PETITION EQUITY APPEAL PROM PULTON EQUITV AND CRIMINAL COURT. The facts appear in the opinion of the court. 1. In the construction of a will effect should be given to every provision.
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CASE 22 — PETITION EQUITY APPEAL PROM PULTON EQUITV AND CRIMINAL COURT. The facts appear in the opinion of the court. 1. In the construction of a will effect should be given to every provision. (1 Mar., 217.) Giving effect to both clauses of the will in this case, it is manifest that the testator intended to give to the widow the property during her life — the annual surplus, beyond her support, to go to the children. 2. The Revised Statutes provide that a brother or sister of the full blood shall take twice as much as those of the half blood. But the mother does not occupy the same position,…
1Opinion of the Court
JUDGE STITES
delivered the opinion of the court:
Marcus Milner died in Fulton county in this state, leaving an estate in land, slaves, &c., which was disjiosed of by his last will between his widow and children.
All of the children, except Louisa, were of a former marriage ; and Louisa died soon after the testator, in infancy, and without issue — leaving her mother and half-brothers and sisters her sole heirs.
This is a contest between the mother of Louisa and the sm> viving children of the testator, as to the mother’s rights under the will, and as heir of her deceased child.
Two questions are…
2Cited by2 opinions
- Vanover v. SteeleCourt of Appeals of Kentucky · 1917
- Blanding v. MansfieldSupreme Judicial Court of Maine · 1881