Legal Opinion

Schroeder v. Bohlsen

Court of Appeals of Kentucky

Decided December 14, 1904PublishedCited by 4 opinions

Case 37 — Action Between George Schroeder and Others and M, Agnes Botilken and Others, Involving a Construction op Maria Boiilsen’s Will. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION NO. 1 — ■ SHACKELFORD MILLER, judge. Prom the Judgment Schroeder Appeals.

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Case 37 — Action Between George Schroeder and Others and M, Agnes Botilken and Others, Involving a Construction op Maria Boiilsen’s Will. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION NO. 1 — ■ SHACKELFORD MILLER, judge. Prom the Judgment Schroeder Appeals. POINTS AND AUTHORITIES. 1. A lapsed legacy is one which never vests, either (3) in consequence of the death of the legatee before the testator, or (2) because, notwithstanding the legatee survive the testator, he dies before his interest can be said to have vested under tthe will. Sehouler on Executors, sec. 467; 1 Jarman on…

1Opinion of the Court

Opinion op the court by

CHIEF JUSTICE BURNAM

Reversing.

The ninth clause of the will of Maria Bohlsen reads as follows : “If Joseph Sehroeder, brother of said George Schroeder, now in the Innatic asylum, shall be restored to his right mind, and shall be discharged as cured,, in that event I give him the sum of $2,000.00.” The devisee, Joseph Sehroeder, died in the asylum, without being restored to his right mind, *308before the death of testatrix; and, the devise having been thus defeated, we are asked to decide whether it passed under the residuary clause of her will, which 'reads as follows: “I…

2Cases cited4 opinions

  1. Chenault's Guardian v. Chenault's ExecutorsCourt of Appeals of Kentucky · 1888
  2. Dunlap v. Shreve's ex'rsCourt of Appeals of Kentucky · 1865
  3. Cunningham's Devisees v. Cunningham's HeirsCourt of Appeals of Kentucky · 1858
  4. Maddox v. AllenCourt of Appeals of Kentucky · 1859

3Cited by4 opinions

  1. Lally v. Lally's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1934
  2. Smith v. Bowling Green Bank & Trust Co.Court of Appeals of Kentucky · 1958
  3. Reid v. CommonwealthCourt of Appeals of Kentucky · 1906
  4. Settle v. VercampCourt of Appeals of Kentucky · 1972

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