Cherry v. Mitchell
Court of Appeals of Kentucky
Case 1 — Action fob Recovery of Devise APPEAL FEOM WAEREN CIRCUIT COURT. Judgment fob the plaintiff and the defendant appeals. 1. The provision made by sec. 18, chap, 113 of the Gen. Stats., for the “issue” of a devisee or legatee who. dies before the testator does not embrace an illegitimate child of such devisee or legatee. The word “issue” includes only lawful descendants unless a contrary intention clearly appears.
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Case 1 — Action fob Recovery of Devise APPEAL FEOM WAEREN CIRCUIT COURT. Judgment fob the plaintiff and the defendant appeals. 1. The provision made by sec. 18, chap, 113 of the Gen. Stats., for the “issue” of a devisee or legatee who. dies before the testator does not embrace an illegitimate child of such devisee or legatee. The word “issue” includes only lawful descendants unless a contrary intention clearly appears. Gen. Stats., chap. 21, sec. 21; •Moore v. Moore, 12 B. Mon., 655; Blankenship v, Ross, 9-5 Ky., 306; Jenkins v. Jenkins. 64 N. H., 407; Kent and wife v. Barker, 2 Gray, 535; 2…
1Opinion of the Court
Opinion of the cotjkt by
JUDGE HOBSON
Affirming.
By bis will made June 28, 1881, A. A. Cherry, of Warren county, devised his estate to his daughter, Mary Angeline Cherry; stating in the will that he raised and provided for all his other children as best he could, and desired that what was left after paying his debts and funeral expenses to go to her. The devisee gave birth to a bastard child, the appellee, Effie Mitchell, in March, 189.1, and a few days thereafter died. About two weeks later, on the 12th of April, 1891, the testator, A. A. Cherry, died, and the will above referred to was duly…
2Cited by9 opinions
- In Re Estate of De CigaranCalifornia Supreme Court · 1907
- Stewart v. GardnerCourt of Appeals of Kentucky · 1913
- Jackson v. ClaypoolCourt of Appeals of Kentucky · 1918
- Wells v. JewellCourt of Appeals of Kentucky (pre-1976) · 1929
- Hodge v. Lovell's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1936
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