Anderson v. Hall's adm'r
Court of Appeals of Kentucky
Case 20 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. It is clear that if Mrs. Hall had the absolute fee in the property devised,, , and could vest a purchaser with the title, there could be no estate in remainder in the appellees. Therefore no estate in remainder passed to the appellees.
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Case 20 — EQUITY— APPEAL FROM LOUISVILLE CHANCERY COURT. It is clear that if Mrs. Hall had the absolute fee in the property devised,, , and could vest a purchaser with the title, there could be no estate in remainder in the appellees. Therefore no estate in remainder passed to the appellees. We maintain that B. M. Hall, holding a fee-simple title to the estate devised, and having made an indefinite devise of it to his wife, the fee passed to her, and any subsequent instructions to her contained in the will, affecting her absolute power of disposition, are void, as-completely void as if the…
1Opinion of the Court
•JUDGE PRYOR
delivered the opinion of the court.
Bartlett M. Hall died in the county of Shelby, leaving .surviving him his wife and several children. He had been twice married, but left no children by his last wife. He made and published his last will and testament as follows. By the first clause he directed the payment of his debts. 'The second clause provides: “I give and bequeath to my beloved wife, Mary F. Hall, all my property, including real and personal, of any and every description whatever, giving ■her the right to sell and reinvest, as she may desire, any part ■of the same for her oum…
2Cited by28 opinions
- Trustees Presbyterian Church v. MizeCourt of Appeals of Kentucky · 1918
- Harbison v. JamesSupreme Court of Missouri · 1886
- Wintuska v. PeartCourt of Appeals of Kentucky (pre-1976) · 1931
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- McClelland's Exr. v. McClellandCourt of Appeals of Kentucky · 1909
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