Degman v. Degman
Court of Appeals of Kentucky
Case 115 — PETITION EQUITY — APPEAR FROM MASON CIRCUIT COURT. 1. Mrs. Clarissa Degman took only a life estate and took no interest in the fee except a power of appointment over it amongst the testator’s children.
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Case 115 — PETITION EQUITY — APPEAR FROM MASON CIRCUIT COURT. 1. Mrs. Clarissa Degman took only a life estate and took no interest in the fee except a power of appointment over it amongst the testator’s children. (Collins v. Carlisle, 7 B. Mon., 14; Me-Gaughey v. Henry, 15 B. Mon., 383; Holsen v. Rockhouse, 83 Ky., 233.) 2. Such a power created a trust, and the donee of the power has no right to give any portion of the property to anybody outside of thg designated class, and .must give to each member of the class a substantial share. (1 Perry on Trusts, sec. 250; 2 Perry on Trusts, sec. 508;…
1Opinion of the Court
JUDGE GUPPY
DELIVERED THE OPINION OF THE COURT.
J. C. Degman died in Mason county, in 3860, having just made and published his will, which will was duly probated.
The principal clause of the will is in the following words; “That is to say I hereby give unto my beloved wife, Clarissa Degman, all the property I own or may own at my death, of every description, after the payment of my debts; the said property to be disposed of by her among my children as she may think best.”
*720Some years after the death of the testator his widow was married to Jack Sweet.
On January 10, 1890, the widow, Clarissa,…
2Cases cited1 opinion
- Holsen v. RockhouseCourt of Appeals of Kentucky · 1885
3Cited by12 opinions
- Chenoweth v. BullittCourt of Appeals of Kentucky (pre-1976) · 1928
- Moore v. EmerySupreme Judicial Court of Maine · 1941
- Andrews v. TuttleUtah Supreme Court · 1914
- Barrett's v. BarrettCourt of Appeals of Kentucky · 1915
- Clay v. SmallwoodCourt of Appeals of Kentucky · 1896
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