Pruitt v. Holland
Court of Appeals of Kentucky
Case 116 — PETITION EQUITY APPEAL PROM ALLEN CIRCUIT COURT. The words ’“bodily heirs ” and “ heirs of her body,” as used in the will, were intended to indicate children. (88 Ky., 125.) An estate tail must descend; it can not ascend or take in collateral relations. (Jarman on 'Wills, vol. 3. p. 90.) The words “bodily heirs,’’(“heirs of her body” and “heirs of their bodies,” are used in the will in the sense of children.
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Case 116 — PETITION EQUITY APPEAL PROM ALLEN CIRCUIT COURT. The words ’“bodily heirs ” and “ heirs of her body,” as used in the will, were intended to indicate children. (88 Ky., 125.) An estate tail must descend; it can not ascend or take in collateral relations. (Jarman on 'Wills, vol. 3. p. 90.) The words “bodily heirs,’’(“heirs of her body” and “heirs of their bodies,” are used in the will in the sense of children. (Righter v. Eorrester, 1 Bush, 278; Mitchell v. Simpson, 10 Ky. Law Rep., 709; Schuder on Wills, sec. 542; Tucker v. Tucker, 78 Ky., 503; Jones v. Miller, 13 Ind., 337; Berg.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion oe the court.
The will of William Allen was admitted to probate on the 15th of October, 1863.
By the first item of the testator’s will he gave to his. wife all of his estate, “ during her widowhood or natural life.” His children consisted of one son and five daughters, and the testator’s son is excluded from any share of his estate, because he had already received a full share of the same.
The will also provides that the five daughters, and the heirs of their bodies, upon the death or marriage of the testator’s wife, should take the remainder of the estate.
The…
2Cited by19 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Kirby v. HuletteCourt of Appeals of Kentucky · 1917
- Fulton v. TeagerCourt of Appeals of Kentucky · 1919
- Lawson v. ToddCourt of Appeals of Kentucky · 1908
- Bradshaw v. WilliamsCourt of Appeals of Kentucky · 1910
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