Bennett v. Bennett

OPINION op the Court by

Judge Lassing

Reversing.

Dr. David Bennett died testaite, a resident of Madison County, Kentucky. In due time his will was probated. By it he disposed of his estate, as follows:

“I will that my estate be given to my heirs as the law directs, except such as may fall to my youngest brother Samuel Bennett; that I will shall be allotted to him in land from the place near Foxtown and known as ‘Homeland.’ I will that he may select such part of the place for the allotment as he may desire and that he shall control it and have the income for his personal use from *381year to year and…