Leppes v. Lee
Court of Appeals of Kentucky
Case 4 — PETITION EQUITY APPEAL FROM BARREN CIRCUIT COURT. 1. The widow of E. W. Lee took only a life estate under his will, the fee vesting on the death of the testator in his brothers and sisters, subject to he divested in the event the widow should die leaving child or children surviving her. 2. B. B. Lee took, under the will, the same estate that his brothers and sister took, which was an estate he had the power, under the statute, to devise.
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Case 4 — PETITION EQUITY APPEAL FROM BARREN CIRCUIT COURT. 1. The widow of E. W. Lee took only a life estate under his will, the fee vesting on the death of the testator in his brothers and sisters, subject to he divested in the event the widow should die leaving child or children surviving her. 2. B. B. Lee took, under the will, the same estate that his brothers and sister took, which was an estate he had the power, under the statute, to devise. (Gen. Stats., chap. 113, see. 2; Rev. Stats., chap. 106, sec. 2.) 1. The estates secured by the will of E. W. Lee to the prospective children of his…
1Opinion of the Court
CHIEE JUSTICE HOLT
delivered the opinion of the court.
The will of Eli W. Lee, who died childless, was probated in 1864.
It provides: “I give to my wife, Cynthia Ann, all my property, both real and personal, including all money or *18evidences of money during her life, all which she may use and dispose of at her will and pleasure, except she shall not sell or otherwise dispose of my land or slaves, or either of them.
“ Second. Should my wife again marry and by her second husband have a child or children who shall survive her, then, and in that event, her said children so surviving her shall have all…
2Cases cited1 opinion
- White's Trustee v. WhiteCourt of Appeals of Kentucky · 1888
3Cited by17 opinions
- United States v. PaleseCourt of Appeals for the Third Circuit · 1943
- Fulton v. TeagerCourt of Appeals of Kentucky · 1919
- Lindenberger v. CornellCourt of Appeals of Kentucky · 1921
- Bank of Taylorsville v. VandykeCourt of Appeals of Kentucky · 1914
- Boggess v. CrailCourt of Appeals of Kentucky (pre-1976) · 1928
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