Williams v. Williams
Court of Appeals of Kentucky
Case 101 — PETITION EQUITY — APPEAL PROM UNION CIRCUIT COURT. 1. There is nothing in the will which gives the widow the right to use and control the entire farm until the time when the son would have reached the age of twenty-one years. But even if the will gives her that right, appellants are entitled to maintain this action in order to have their rights determined.
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Case 101 — PETITION EQUITY — APPEAL PROM UNION CIRCUIT COURT. 1. There is nothing in the will which gives the widow the right to use and control the entire farm until the time when the son would have reached the age of twenty-one years. But even if the will gives her that right, appellants are entitled to maintain this action in order to have their rights determined. (Simmons v. McKey, 5 Bush, 25.) 2. The son took an estate in fee, the word “ heirs ” being used as a word of limitation, and not a word of purchase, and upon the death of the devisee in infancy the title to the lands passed,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Henry H., devisee and only child of S. Gr. Williams, having died in infancy without issue, kindred of the testator brought this action against his widow and step-son, asserting title to the whole and seeking inimediate possession of two-thirds of real property left by him. But the lower court, without deciding who owns the fee, dismissed the action, upon the ground the widow is under the will entitled to not only a life estate in one-third, but use of the residue of land until the time when Henry would, if living, have become twenty-one years of…
2Cases cited2 opinions
- Allan v. Vanmeter's DeviseesCourt of Appeals of Kentucky · 1858
- Briscoe's Devisees v. WickliffeCourt of Appeals of Kentucky · 1838
3Cited by11 opinions
- Sherley v. SherleyCourt of Appeals of Kentucky · 1921
- Dohn's Exr. v. DohnCourt of Appeals of Kentucky · 1901
- Maynor v. VaughnTennessee Supreme Court · 1929
- Fischer v. StoeplerCourt of Appeals of Kentucky · 1913
- State Bank of Eau Gallie v. Rose's Admr.Court of Appeals of Kentucky (pre-1976) · 1927
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