Legal Opinion

Brown's Ex'r v. Brown's Devisees

Court of Appeals of Kentucky

Decided March 7, 1869PublishedCited by 11 opinions

Case 99 — PETITION EQUITY — CITED Revised Statutes, secs. 2, 4, art. 2, chap. 46. Revised Statutes, sec. 2, chap. 30, 1 Stanton, 420. 4 Chitty’s Digest, “ Wills,” “per stirpes and per capita,” sub-secs. 4-16, page 3175. 11 B. Mon. 33, Lackland’s heirs v. Downing’s ex’rs.

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Case 99 — PETITION EQUITY — CITED Revised Statutes, secs. 2, 4, art. 2, chap. 46. Revised Statutes, sec. 2, chap. 30, 1 Stanton, 420. 4 Chitty’s Digest, “ Wills,” “per stirpes and per capita,” sub-secs. 4-16, page 3175. 11 B. Mon. 33, Lackland’s heirs v. Downing’s ex’rs. Revised Statutes, sec. 2, art. 2, chap. 46. Monroe & Harlan’s Digest, title “ Debt,” secs. 1, 2, 3,15. 2 Vernon, 705, Wild v. Bradbury. 1 Cox, 250, Leegar v. Harmer. 10 Vesey, 166, 177, Lady Lincoln Pelham. 8Vesey, 604, Barnes v. Patch. 1 Beav. 607, Walker v. Moore. 2 P. W. 383, Bladder v. Webb. 1 C. P. Coop. 177, Williams v.…

1Opinion of the Court

JUDGE PETERS

delivered the opinion oe the court.

Joseph Brown, a citizen of Nelson County, died testate at his place of residence, and his will having been properly probated, his executor brought this suit in equity to have the will construed, and for the advice and direction of the chancellor in its execution.

The chief difficulty arises on the 25th clause, which is in the following language: “The rest and residue of my estate I will and bequeath to the descendants of my three uncles, Benjamin Brown, William Brown, and Thomas Brown. My three uncles above named are all dead, and their children…

2Cited by11 opinions

  1. Stanley v. Henderson, Ind. Extr.Texas Supreme Court · 1942
  2. Prather v. Watson'sCourt of Appeals of Kentucky · 1920
  3. Rogers v. BurressCourt of Appeals of Kentucky · 1923
  4. Armstrong v. Crutchfield's Exors.Court of Appeals of Kentucky · 1912
  5. Justice v. StringerCourt of Appeals of Kentucky · 1914

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