Johnson's Administrator v. Johnson
Court of Appeals of Kentucky
Case 92 — ACTION AT LAW APPEAL PROM PAYETTE CIRCUIT COURT. 1. The court erred in failing to grant a new trial. 2. The limitation for life was not intended by the appellee to apply to a gift of the personal property to his wife, Mildred A. Johnson. 3. Even if he so intended, the limitation is invalid because the gift was by deed and not by will; and even if it had been by will, it would not have been valid because there was no ulterior legatee designated to take the property…
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Case 92 — ACTION AT LAW APPEAL PROM PAYETTE CIRCUIT COURT. 1. The court erred in failing to grant a new trial. 2. The limitation for life was not intended by the appellee to apply to a gift of the personal property to his wife, Mildred A. Johnson. 3. Even if he so intended, the limitation is invalid because the gift was by deed and not by will; and even if it had been by will, it would not have been valid because there was no ulterior legatee designated to take the property after the termination of the separate estate, and no reversion is allowed. Brown v. Morris, 3 Bush, 81; Major, etc., v.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
Appellee, Johnson, who was the plaintiff below, claimed to be the owner of certain household and kitchen furniture,' books, pictures, plate, silver, carpets, tables, and chairs, one piano, rockaway, rockaway horse, phaeton, milch cows, and other like articles, and which he averred had been sold by appellant, Robertson, claiming to. be acting as administrator witlr the will annexed of Mildred A. Johnson, as well as acting in his own right, and the proceeds of which sale had been converted to Robertson’s own use, *to the. damage of the plaintiff…
2Cases cited2 opinions
- Louisville & Nashville Railroad v. Earl's Adm'xCourt of Appeals of Kentucky · 1893
- Brown v. MorrisCourt of Appeals of Kentucky · 1867
3Cited by9 opinions
- Yung v. Grant Thornton, LLPMissouri Court of Appeals · 2018
- Chesapeake & Ohio Railway Co. v. MeyersCourt of Appeals of Kentucky · 1912
- Hoogendorn v. DanielCourt of Appeals for the Ninth Circuit · 1913
- Davison's Admr. v. Davison's Admrx.Court of Appeals of Kentucky · 1912
- Prudential Ins. Co. of America v. AlsobrookCourt of Appeals of Kentucky (pre-1976) · 1936
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