Legal Opinion

Igo v. Irvine

Court of Appeals of Kentucky

Decided December 12, 1909PublishedCited by 9 opinions

CASE 81. — ACTION INVOLVING A CONSTRUCTION OP THE WILL OP DAVID IRVINE, DECEASED. Appeal from Madison Circuit Court. Judgment holding that the devisee was vested with a fee simple title to the land.

1Opinion of the Court

'Opinion op the Court by

Judge Burn am

Affirming.

This appeal brings before ns the will of David Irvine for construction. It was probated in the Madison County Court on the 15th day of August, 1872, and divided a large landed and personal estate between his four children, two sons and two daughters. The special question which we are asked to determine upon the appeal is whether his son, David W. Irvine, takes under it a fee simple title to a tract of 222.89 acres of land, which he has contracted to sell to the appellant B. M. Igo, or whether he takes it charged *635■with a trust inforcible in equity…

2Cases cited4 opinions

  1. Colton v. ColtonSupreme Court of the United States · 1888
  2. Hess v. SinglerMassachusetts Supreme Judicial Court · 1873
  3. Bohon v. Barrett's ex'rCourt of Appeals of Kentucky · 1881
  4. Major v. HerndonCourt of Appeals of Kentucky · 1879

3Cited by9 opinions

  1. Norton v. SmithCourt of Appeals of Texas · 1920
  2. Security-First National Bank v. GreenCalifornia Court of Appeal · 1935
  3. Shaver v. WeddingtonCourt of Appeals of Kentucky (pre-1976) · 1932
  4. Williams v. Williams' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
  5. Wood v. WoodCourt of Appeals of Kentucky · 1907

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