Henry's ex'r v. Henry's ex'r
Court of Appeals of Kentucky
Case 53 — EQUITY APPEAL FROM NICHOLAS CIRCUIT COURT. 1. The presumption is, that the testator knew the value of his estate, and knew that if he gave to his widow the furniture, the $14,000, and the notes executed to her, there would be absolutely nothing left for his children. 2. According to the recognized lexicographers, the word include means “to inclose; to surround; to comprise; to comprehend.” 3. To say that the United States has had four presidents named “James,”…
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Case 53 — EQUITY APPEAL FROM NICHOLAS CIRCUIT COURT. 1. The presumption is, that the testator knew the value of his estate, and knew that if he gave to his widow the furniture, the $14,000, and the notes executed to her, there would be absolutely nothing left for his children. 2. According to the recognized lexicographers, the word include means “to inclose; to surround; to comprise; to comprehend.” 3. To say that the United States has had four presidents named “James,” including James Buchanan, would not mean that there had been five presidents of that name; yet such would be the purport of…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
The question presented is the construction of the follow-in”' will;
*343"I, R. D. Henry, of the county of Nicholas and state of Kentucky, being of sound and disposing mind and memory, do make and publish my last will and testament in manner and form as follows: 1st. It is my will that all my just debts, my funeral expenses, and the costs and charges resulting from the settlement of my affairs, be paid out of my estate. 2d. I devise and bequeath to my wife Martha A. Henry all the household and kitchen furniture and the sum of fourteen thousand dollars…
2Cited by11 opinions
- Red Wing Malting Co. v. WillcutsCourt of Appeals for the Eighth Circuit · 1926
- Watkins v. BennettCourt of Appeals of Kentucky · 1916
- Carroll v. Cave Hill Cemetery Co.Court of Appeals of Kentucky · 1916
- Penick v. LewisCourt of Appeals of Kentucky · 1922
- Miller v. . JohnstonSupreme Court of North Carolina · 1917
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