Haselwood's Ex'r v. Webster
Court of Appeals of Kentucky
Oase 67 — REVOCATION OE DEVISE APPEAL FROM TAYLOR CIRCUIT COURT. 1. If, at the time the testator sold and conveyed the one hundred and fifty-one acres of land, he intended to revoke or adeem the devise to the appellees, they then lost all their rights under the will. '2. If he changed his mind, then he was hound, in order to make the c1 ange operative in favor of appellees, to republish his will to evidence the change. 3. That he intended to revoke the devise, is clearly…
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Oase 67 — REVOCATION OE DEVISE APPEAL FROM TAYLOR CIRCUIT COURT. 1. If, at the time the testator sold and conveyed the one hundred and fifty-one acres of land, he intended to revoke or adeem the devise to the appellees, they then lost all their rights under the will. '2. If he changed his mind, then he was hound, in order to make the c1 ange operative in favor of appellees, to republish his will to evidence the change. 3. That he intended to revoke the devise, is clearly proved. (Section 11, chapter 113, General Statutes.) 1. The Legislature, in the chapter on wills, certainly undertook to…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
The seventh clause of the will of Alfred Haselwood .reads as follows, to wit:
"I will and bequeath to John E. Webster, Thomas *410William Webster and Sarah Elizabeth Webster, children of Richard A. and Ermine H. Webster, the tract of land on which Samuel E. Williams lived and died, less fifty acres, willed to Alfred Cliff Webster, to have and to hold forever, and appoint Richard A. Webster-trustee or agent for the children, and no security to be taken.”
On November 5, 1878, and after the making of the-will, the testator sold the greater portion of the…
2Cases cited1 opinion
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
3Cited by4 opinions
- Miller's Exr. v. MaloneCourt of Appeals of Kentucky · 1900
- Reynolds' v. ReynoldsCourt of Appeals of Kentucky · 1920
- Murphy v. BolingCourt of Appeals of Kentucky (pre-1976) · 1938
- Schaeffer v. Vogt's TrusteeCourt of Appeals of Kentucky · 1902