Thackston v. Watson
Court of Appeals of Kentucky
Case 30 — PETITION EQUITY APPEAL PROM MASON CIRCUIT COURT. The appellee’ took under his father’s will a defeasible fee — a fee to be defeated or divested by his dying at any time without bodily heirs— and not a fee subject to be defeated only in the event he died without bodily heirs before arriving at the age of twenty-one years.
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Case 30 — PETITION EQUITY APPEAL PROM MASON CIRCUIT COURT. The appellee’ took under his father’s will a defeasible fee — a fee to be defeated or divested by his dying at any time without bodily heirs— and not a fee subject to be defeated only in the event he died without bodily heirs before arriving at the age of twenty-one years. (Birney v. Richardson, 5 Dana, 424 and 432; Pool v. Benning, 9 B. Mon.. 62; Parrish v. Vaughan, 12 Bush, 97; 2 Jarman on Wills, pages 727 to 732.) It was the intention of the testator that his son should take the estate devised in fee, subject to be defeated only in…
1Opinion of the CourtChief Justice Pryor
William Watson, of the county of Mason, died in the year 1870, leaving a last will and testament, and his widow and H. U. Watson, his only child, surviving him. His will is now before this court for construction. By various clauses of his will preceding those from which this litigation has arisen, he made several special devises, and gave minute and specific directions to his executor as to the control and management of his estate for the benefit of his widow and son. By the eighth clause of the will, the executor was directed to rent out the land of the testator to the best advantage until…
2Cases cited3 opinions
- Birney v. RichardsonCourt of Appeals of Kentucky · 1837
- Duncan v. KennedyCourt of Appeals of Kentucky · 1873
- Parrish v. VaughanCourt of Appeals of Kentucky · 1876
3Cited by27 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- Radford v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1919
- Crozier v. CundallCourt of Appeals of Kentucky · 1896
- Watkins v. BennettCourt of Appeals of Kentucky · 1916
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