Peynado's Devisees v. Peynado's
Court of Appeals of Kentucky
Case 2 —EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. The Malaga Institution devise is manifestly too vague to be upheld.
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Case 2 —EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. The Malaga Institution devise is manifestly too vague to be upheld. There is no discretion vested in any one to cure the vagueness. 'The will expressly exacts security to be given by the Spanish Minister. 'The security is a condition precedent. 'There is no room for equity to interfere when there is no ambiguity in the testator’s declaration. .If no security was required by the will, the court ought to exact it, for the protection of the remainder men, and to retain some effective control. (Averbeck v, Hall, 14 Bush, 505.) Edward Peynado…
1Opinion of the Court
CHIEE JUSTICE HARGIS
delivered the opinion op the court;
By Ms will, after making various bequests, Edward Peynado, devised the residuary of his estate to his wife Ida B. Peynado during her life, and then made the following provisions:
“15. One year after her death the whole of my residuary estate shall be converted into cash, and together with all accrued interest, shall be invested as follows:
“16. Half of the money left by me after my wife’s-death to be used in erecting a building in the suburbs of the city of Malaga, (Spain,) to be under the patronage and care of the city authorities and…
2Cases cited2 opinions
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- Wood's Administrator v. Wood's DeviseesCourt of Appeals of Kentucky · 1859
3Cited by18 opinions
- Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
- Black v. JonesIllinois Supreme Court · 1914
- Bedford v. Bedford's AdministratorCourt of Appeals of Kentucky · 1896
- Franck v. FranckCourt of Appeals of Kentucky · 1899
- Phelps v. Stoner's AdministratorCourt of Appeals of Kentucky · 1919
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