Penn's Ex'r v. Penn's Ex'r
Court of Appeals of Kentucky
Case 70. — ACTION BETWEEN SALLEE A. PENN’S EX’R AND JACOB A. PENN’S EX’R, INVOLVING CONSTRUCTION OF JACOB A. PENN’S WILL. Appeal from Scott Circuit Court. James E. Cantrill, Circuit Judge. From the judgment defendant appeals. PROPOSITIONS AND AUTHORITIES CITED. 1. Rent accruing after the death of an owner in fee goes to the heir of devisee, and is not assets in the hands of his personal representative. (Ky.
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Case 70. — ACTION BETWEEN SALLEE A. PENN’S EX’R AND JACOB A. PENN’S EX’R, INVOLVING CONSTRUCTION OF JACOB A. PENN’S WILL. Appeal from Scott Circuit Court. James E. Cantrill, Circuit Judge. From the judgment defendant appeals. PROPOSITIONS AND AUTHORITIES CITED. 1. Rent accruing after the death of an owner in fee goes to the heir of devisee, and is not assets in the hands of his personal representative. (Ky. Stats., sec. 3865; Minor’s Institutes, vol. 2, pp. 80, 39 and 53; Blackstone’s Com., vol. 2, p. 42, N. 46 DSharswood’s Ed.]; 1 P. Wms., 178; Toller on Ex’rs, 177-178; Kent’s -Com,, vol. 3,…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
On the 8th of September, 1898, Jacob A. Penn was the owner of two valuable tracts of land in Scott county, ICy., and something near $3,000 worth of personal estate. On that date he made and executed his will, and, after making several .special bequests, the testator, in the fifth clause of his will, used the following language: “I will to my wife, Sallie A. Penn, all the balance of my personal property of every description. I also will to my said wife for her life all real estate of which I die possessed; at the death of my said wife, should she survive me, it in…
2Cases cited1 opinion
- Jones v. GibsonCourt of Appeals of Kentucky · 1885
3Cited by5 opinions
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- Greenway's Adm'r v. GreenwayCourt of Appeals of Kentucky (pre-1976) · 1936
- Morrow v. HayesMichigan Supreme Court · 1924