Becker v. Roth
Court of Appeals of Kentucky
Appeal from Kenton Circuit Court, (Common Law and Equity Division). W. McD. Síhaw, Judge. Erom the judgment Susanna Becker and Herman Becker and' others appeal CLASSIFICATION UNDER RULE XVII. 1. The court erred in its construction of the will of Charles Roth.
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Appeal from Kenton Circuit Court, (Common Law and Equity Division). W. McD. Síhaw, Judge. Erom the judgment Susanna Becker and Herman Becker and' others appeal CLASSIFICATION UNDER RULE XVII. 1. The court erred in its construction of the will of Charles Roth. Susanna Roth (Becker) under the will of Charles Roth, took a fee simple estate unaffected by the provisions of item two of the will . The attempted limitation in item two of the will of Charles Roth, is inconsistent and repugnant to the fee granted, and is therefore, void. (Clay v. Chenault, 103 Ky. 77; Barth v. Barth, 18 Ky. Law Rep.…
1Opinion of the Court
Opinion op the Court by
Judge Barker
Reversing.
Charles Roth. died, in 1895, leaving a last will and testament, which was duly probated by the Kenton county court. At his death he ow)ned a tract of land in Kenton comity, which he devised to his wife, Susanna Roth. The question before us on this record is the estate which his wife took under his will. - This involves a construction of two items, which are as follows:
“Item 1. I give, devise and bequeath unto my beloved wife, Susanna Roth, all my property, both real and personal, which I now own or may hereafter acquire and die possessed of,…
2Cases cited8 opinions
- Van Horne v. . CampbellNew York Court of Appeals · 1885
- Howard v. CarusiSupreme Court of the United States · 1884
- Law v. DouglassSupreme Court of Iowa · 1899
- McCullough's Adm'r v. AndersonCourt of Appeals of Kentucky · 1890
- Moran v. MoranMichigan Supreme Court · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Trustees Presbyterian Church v. MizeCourt of Appeals of Kentucky · 1918
- HealthAmerica Corp. of Kentucky v. Humana Health Plan, Inc.Kentucky Supreme Court · 1985
- Harkness v. LisleCourt of Appeals of Kentucky · 1909
- Nelson v. Nelson's Exor.Court of Appeals of Kentucky · 1910
- Wintuska v. PeartCourt of Appeals of Kentucky (pre-1976) · 1931
37 more not listed; retrieve them via the Exa API.