Legal Opinion

Wood's Administrator v. Wood's Devisees

Court of Appeals of Kentucky

Decided January 12, 1859PublishedCited by 18 opinions

CASE 33 — PETITION EQUITY APPEAL FROM KNOX CIRCUIT COURT. Tbe facts appear in tbe opinion of tbe court. 1. Tbe estate of the testator is not responsible to the vendee of the slaves recovered by the widow for more than the price paid for them and interest — -the vendee to account fo\ the reasonable hires. 2. The devise of $5,000, after the death of the widow, to Alexander White, &c., does not take effect upon the renunciation of the will by the widow, but only after her…

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CASE 33 — PETITION EQUITY APPEAL FROM KNOX CIRCUIT COURT. Tbe facts appear in tbe opinion of tbe court. 1. Tbe estate of the testator is not responsible to the vendee of the slaves recovered by the widow for more than the price paid for them and interest — -the vendee to account fo\ the reasonable hires. 2. The devise of $5,000, after the death of the widow, to Alexander White, &c., does not take effect upon the renunciation of the will by the widow, but only after her death. The accumulations of said sum during her life inure to the benefit of the residuary legatee. 3. The directions for the…

1Opinion of the CourtChief Justice Simpson

Thomas C. Woods, by his will, devised all his estate of every description to his wife, Elizabeth P. Woods, during her life.

After the death of his wife, he directed the sum of five thousand dollars to be set apart from the balance of his estate, and loaned out upon interest, and the interest accruing thereon to be paid annually to Alexander White and his wife, Amelia White, during their joint lives, and the life of the survivor. After their death he bequeathed this five thousand dollars to their son, James White, provided he should be then living, and had arrived at the age of twenty-five…

2Cases cited1 opinion

  1. Hutchcraft's Administrator v. TilfordCourt of Appeals of Kentucky · 1837

3Cited by18 opinions

  1. Sherman v. FitchMassachusetts Supreme Judicial Court · 1867
  2. Alfano v. DonnellyMassachusetts Supreme Judicial Court · 1934
  3. Peynado's Devisees v. Peynado'sCourt of Appeals of Kentucky · 1884
  4. O'Rear v. BogieCourt of Appeals of Kentucky · 1914
  5. Adamowicz v. IwanickiMassachusetts Supreme Judicial Court · 1934

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