Weaver v. Weaver's Ex'rs
Court of Appeals of Kentucky
Case 89 — PETITION EQUITY APPEAL PROM NELSON CIRCUIT COURT. 'The widow takes a fee-simple title to all the remainder of the testator’s estate after the payment of debts. The words used by the testator expressing his hope and belief that she would do what was right in the management of it, did not create a trust. (Hill on Trustees, p. 72; 1 Jarman on Wills, secs. 401 and 402.) The children and the widow had each by the will a one-third interest in the estate.
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
The only question in this case is whether under the will of ‘William T. "Weaver his widow is entitled to an estate for life in the real and personal property devised, *492remainder to Ms two children; or, as adjudged by the Chancellor, each of the three persons take absolutely one-third thereof. The will is as follows : “ I desire that John "W. Shields takes possession of all my estate, both real and personal, including a policy of insurance on my life of three thousand dollars ($3,000.00), as executor of this my last will and testament and manage and…
2Cases cited1 opinion
- Frank v. UnzCourt of Appeals of Kentucky · 1891
3Cited by8 opinions
- Naville ex rel. Page v. American Machine Co.Court of Appeals of Kentucky · 1911
- Smith v. SmithCourt of Appeals of Kentucky · 1905
- Meisberg v. BryantCourt of Appeals of Kentucky · 1919
- Williams v. Ohio Valley Banking & Trust Co.Court of Appeals of Kentucky · 1924
- Dicken v. DickenCourt of Appeals of Kentucky · 1913
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