Mitchell v. Simpson
Court of Appeals of Kentucky
Case 17 — PETITION EQUITY — APPEAL PROM BOURBON CIRCUIT COURT. A devise to a person “ and her bodily heirs ” of a tract of land, and a devise of another tract “to dispose of as she wishes,” gives a life estate in the first tract, and an absolute fee in the second. “ Bodily-heirs” in such connection is used in the sense of children.
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Case 17 — PETITION EQUITY — APPEAL PROM BOURBON CIRCUIT COURT. A devise to a person “ and her bodily heirs ” of a tract of land, and a devise of another tract “to dispose of as she wishes,” gives a life estate in the first tract, and an absolute fee in the second. “ Bodily-heirs” in such connection is used in the sense of children. (Bighter v. Eon-ester, 1 Bush, 278; Lockland v. Downing, 11 B. M., 33; Prescott v. Prescott, 11 B. M., 58; Brown v. Allen, 14 B. M., 144.) The term “ bodily heirs ” used in the first devise creates an estate tail which, by statute, is converted into a fee simple in…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The sole question in the case is, what is the proper construction of the third clause of Jessie Hall’s will, which reads as follows: u I give to my daughter, Anna Simpson, one hundred and sixty acres of land lying in and around Centerville, Ky. Said land is allotted to her and valued at fifty dollars per acre. I also will her two hundred acres of land in Scott county, Ky., off of what is known as sheep farm. Said land is allotted and valued to her at eighteen dollars and fifty cents *126per acre. The said land is willed to my daughter and her bodily…
2Cases cited2 opinions
- Righter v. ForresterCourt of Appeals of Kentucky · 1866
- Johnson v. JohnsonCourt of Appeals of Kentucky · 1859
3Cited by12 opinions
- Hall v. WrightCourt of Appeals of Kentucky · 1905
- Kirby v. HuletteCourt of Appeals of Kentucky · 1917
- Lawson v. ToddCourt of Appeals of Kentucky · 1908
- Norton's Exrs. v. City of LouisvilleCourt of Appeals of Kentucky · 1904
- Wilson v. WoodwardCourt of Appeals of Kentucky · 1921
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