Gaither's Guardian v. Gaither

Opinion of the Court by

Commissioner Hobson

Affirming.

In May, 1923, Mrs. Ida B. Gaither died testate in Mercer county, the owner of a house and lot in Harrods-burg in which she resided. By her will, which was duly admitted to probate, she disposed of it as follows:

“My home -on Moreland avenue I desire my three sons to share equally and proceeds therefrom to be used as far as they will go for the education of their children.”

On March 28, 1925, the devisees sold the house by executory contract to Howard Forsythe for $6,550.00. There being doubt in the mind of the purchaser as to whether the deed…