McCullough's Adm'r v. Anderson
Court of Appeals of Kentucky
Case 19 — PETITION EQUITY APPEAL PROM PAYETTE OTROUTT COURT. 1. As to the distinction between powers and estates: 1 Sugden on Powers, side page 40; 4 Kent, side pages 315-6; Williams on Real Property, side page 272; Jones v. Clifton, 101 U. S., 225; Burleigh v. Clough, 52 N. H., 271-2. 2. The gift of an estate expressly for life, with the grant of an absolute power of disposal to the life tenant, does not constitute an estate in fee, nor-render invalid the remainders limited…
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Case 19 — PETITION EQUITY APPEAL PROM PAYETTE OTROUTT COURT. 1. As to the distinction between powers and estates: 1 Sugden on Powers, side page 40; 4 Kent, side pages 315-6; Williams on Real Property, side page 272; Jones v. Clifton, 101 U. S., 225; Burleigh v. Clough, 52 N. H., 271-2. 2. The gift of an estate expressly for life, with the grant of an absolute power of disposal to the life tenant, does not constitute an estate in fee, nor-render invalid the remainders limited to take effect after the expiration of the life estate and the non-exercise of the power. (4 Kent, side pages 319,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion or the court.
In tlie year 1878 Samuel McCullough died in tlie comity of Payette, leaving his widow, Harriet McCullough, surviving him, to wliom he devised his estate in the following manner: “To my most precious and well beloved wife I give, during her life, all my estate, real and personal, whether in possession or in action, with full and ample authority to dispose of the whole of it as she pleases. At her death, should she not have previously made a testamentary distribution of all remaining undisposed of by her, I desire that such remainder shall be…
2Cases cited5 opinions
- Funk v. EgglestonIllinois Supreme Court · 1879
- Fairman v. BealIllinois Supreme Court · 1852
- Glover v. StillsonSupreme Court of Connecticut · 1888
- Ball v. Hancock's Adm'rCourt of Appeals of Kentucky · 1884
- Caleb v. FieldCourt of Appeals of Kentucky · 1840
3Cited by39 opinions
- Mulvane v. RudeIndiana Supreme Court · 1896
- Trustees Presbyterian Church v. MizeCourt of Appeals of Kentucky · 1918
- Luscomb v. FintzelbergCalifornia Supreme Court · 1912
- Greenway v. WhiteCourt of Appeals of Kentucky · 1922
- Becker v. RothCourt of Appeals of Kentucky · 1909
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