Perry v. Perry
Court of Appeals of Kentucky
Case 3 — Action to Recover Real Estate APPEAL PROM LOGAN CIRCUIT COURT. Judgment por Defendant and Plaintiffs Appeal. Clause six of the will of J. M. Perry is this: "I give and bequeath to my son, Smiley Perry, the storehouse and lot on Main street ih Russellville, now occupied by him as a drug store, the same to be used, and enjoyed by him during his natural life, free from any debt which he may now owe, or may hereafter contract, and at the death of himself and wife, said…
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Case 3 — Action to Recover Real Estate APPEAL PROM LOGAN CIRCUIT COURT. Judgment por Defendant and Plaintiffs Appeal. Clause six of the will of J. M. Perry is this: "I give and bequeath to my son, Smiley Perry, the storehouse and lot on Main street ih Russellville, now occupied by him as a drug store, the same to be used, and enjoyed by him during his natural life, free from any debt which he may now owe, or may hereafter contract, and at the death of himself and wife, said property is to pass to his legal heirs.” The will was dated August 9, 1890, and the testator died in January, 1891.…
1Opinion of the Court
Opinion op the court by
JUDGE O’REAR
Affirming.
J. M. Perry, of Logan county, died in 1891, after having made a. will, which was probated February 2, 1891. The sixth clause of this will reads as follow»: “I give and bequeath to my son Smiley Perry the storehouse and lot ,on Main street in Russellville, now occupied by him as a drug store, the same to be used and enjoyed by him during his natural life free from all debts which he may now owe or hereafter contract; and at the death of himself and wife said property is to pass to his legal heirs. This bequest to my said son Smiley Perry is made…
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