Young v. Kinkead's Administrators
Court of Appeals of Kentucky
Case 42 — PETITION EQUITY 1. Under the provision in the testator’s will, that “after the expiration of the said fifteen years my estate is to he divided among my aforesaid five children, their heirs, assigns, e-te., according to the statute of descent,” the five children took the- fee in the estate.
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Case 42 — PETITION EQUITY 1. Under the provision in the testator’s will, that “after the expiration of the said fifteen years my estate is to he divided among my aforesaid five children, their heirs, assigns, e-te., according to the statute of descent,” the five children took the- fee in the estate. The word “heirs” should he given its usual meaning, and should not be construed to mean “children” unless such is shown by the provisions of the- will as a whole to have been the testator’s meaning; and the addition of the words “or assigns, etc.,” to “heirs ” makes it plain in this case that no…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion oe the court.
This action involves the construction of a clause in the will of the late Joseph B. Kinkead, which is as follows:
“After the expiration of the said fifteen years, my estate is to be divided among my aforesaid five children, their heirs, assigns, &€., according to the statute of descent.”
The testator had five children, three sons and two daughters; two of the sons and one of the daughters were married, and had children. All his children, (except his married daughter) and his son-in-law were named as executors of his will. It is provided in the…
2Cited by3 opinions
- Oglesbee v. MillerOhio Supreme Court · 1924
- Whitmore v. SmithSupreme Court of Oklahoma · 1923
- Roederer v. HessCourt of Appeals of Kentucky · 1902