Coots v. Yewell
Court of Appeals of Kentucky
Cash 64 — PETITION ORDINARY APPEAL PROM DAYEISS CIRCUIT COURT. If the deed designates the persons who are to take the remainder upon the death of the life tenant, these persons alone can take under the deed; if it does not, the law of inheritance governs. This right of inheritance can not he from the life tenant who had no estate to transmit. It must he from Jeremiah Yewell, as we think, but in any event through him.
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Cash 64 — PETITION ORDINARY APPEAL PROM DAYEISS CIRCUIT COURT. If the deed designates the persons who are to take the remainder upon the death of the life tenant, these persons alone can take under the deed; if it does not, the law of inheritance governs. This right of inheritance can not he from the life tenant who had no estate to transmit. It must he from Jeremiah Yewell, as we think, but in any event through him. Upon his death the contingent reversion in him descended to his children, and they might convey it, (Bohon, &c., v. Bohon, &c., 78 Ky., 408; Herbert’s G’d’n v. Herbert’s Ex’or,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
Jeremiah Yewell, in December of the year 1840, executed a deed to his son Algernon S. Yewell, to a tract of land in Daveiss County “for and during his natural life, and the remainder in fee-simple to the children, heirs and legal representatives of the said Sidney, to have and to hold the said tract of land and appurtenances to the said Algernon Sidney Yewell for and during his natural life, and remainder in fee-simple to descend to and belong and appertain to the children, heirs and legal representatives of the said Sidney Yewell at his death as…
2Cases cited1 opinion
- Herbert's Guardian v. Herbert's Ex'rCourt of Appeals of Kentucky · 1887
3Cited by20 opinions
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- Glenn v. HoltCourt of Appeals of Texas · 1921
- Bourbon Agricultural Bank & Trust Co. v. MillerCourt of Appeals of Kentucky · 1924
- Baxter v. BryanCourt of Appeals of Kentucky · 1906
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