Wilson v. Bryan
Court of Appeals of Kentucky
Case 76 — PETITION EQUITY APPEAL PROM JESSAMINE COURT OP COMMON PLEAS. The sons took a defeasible fee under their father’s will. It was the intention of the testator that, in case of the death of one of his sons at any time without bodily heirs, his portion should be divided as directed in the will.
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Case 76 — PETITION EQUITY APPEAL PROM JESSAMINE COURT OP COMMON PLEAS. The sons took a defeasible fee under their father’s will. It was the intention of the testator that, in case of the death of one of his sons at any time without bodily heirs, his portion should be divided as directed in the will. (Hart v. Thompson’s Adin’r, 3 B. M., 486; Deboo v. Lowen, 8 B. M., 610; Attorney-General v. Wallace’s Devisees, 7 B. M., 615; Daniel v. Thompson, 14 B. M., 569; Cleveland v. Clove-land, 5 Ky. Law Eep., 56; Wills v. Wills, 85 Ky , 497; O’JUahoney v. Burdett, 7 Eng. & Ir. Appeal, 388; Bayless v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
W. T. Bryan died in 1854, leaving a will, upon construction of the third clause of which decision of the two cases before us depends. That clause is as follows:
“It is my will that my estate shall be kept together, and jointly used and enjoyed by my children until the youngest comes of age, and then the land to be equally divided in value amongst my sons that may then be living. If any of my sons should die without any bodily heirs, his portion of my estate to be divided amongst his brothers and sister that then may be living; and further, all my…
2Cases cited1 opinion
- Duncan v. KennedyCourt of Appeals of Kentucky · 1873
3Cited by8 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Bowen v. Hackney.Supreme Court of North Carolina · 1904
- Bullock v. WiltbergerSupreme Court of Kansas · 1914
- Schnitter v. McManamanNebraska Supreme Court · 1909
- Spacey v. CloseCourt of Appeals of Kentucky · 1919
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