Mefford v. Dougherty
Court of Appeals of Kentucky
Cas® 10 — PETITION EQUITY APPEAL PROM SCOTT COURT OP COMMON PLEAS. 'The devise to George Dougherty “and to his children, the heirs of his body,” gives a joint estate in fee to said Dougherty and his children. (Carr v. Estill, 16 B. M., 312; 1 Bush, 279; 10 B. M., 59; Idem, 106 ; 2 Met., 332; Powell on Devises, p. 500.1 The devise to George Dougherty “and to his children, the heirs of his body,” should be construed as giving to said Dougherty a fee-simple.
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Cas® 10 — PETITION EQUITY APPEAL PROM SCOTT COURT OP COMMON PLEAS. 'The devise to George Dougherty “and to his children, the heirs of his body,” gives a joint estate in fee to said Dougherty and his children. (Carr v. Estill, 16 B. M., 312; 1 Bush, 279; 10 B. M., 59; Idem, 106 ; 2 Met., 332; Powell on Devises, p. 500.1 The devise to George Dougherty “and to his children, the heirs of his body,” should be construed as giving to said Dougherty a fee-simple. (Dunlap v. Shreve, 2 Duv., 338; 2 Met., 335.)
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
This is an action to enforce a contract of purchase, made between George Dougherty and the appellant. The defense is, a want of title. At first impression, it would seem that the testator, in the devise made to his two children, intended to invest them with the fee in the land; but a more careful consideration of the testamentary paper would necessitate the violation, not only of well-recognized rules of construction, but require the court to pervert the meaning of the word •children, in order to reach such a conclusion. The testator owned a small…
2Cited by9 opinions
- Hall v. WrightCourt of Appeals of Kentucky · 1905
- Smith v. SmithCourt of Appeals of Kentucky · 1905
- Bentley v. Consolidation Coal CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
- Eakins v. EakinsCourt of Appeals of Kentucky · 1921
- Eggner v. HovekampCourt of Appeals of Kentucky · 1909
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