Best v. Best
Court of Appeals of Kentucky
Case 87 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The will gives appellant an estate in fee simple. (Schouler on Wills,. p. 469; Percy v. Greenwell, 80 Ky., 616.) The case of Anderson v. Hall, 80 Ky., 91, does not militate against, this view. 2. Even if appellant does not take the fee, the will certainly gives her the-power to dispose of the property and pass a title to it.
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Case 87 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. The will gives appellant an estate in fee simple. (Schouler on Wills,. p. 469; Percy v. Greenwell, 80 Ky., 616.) The case of Anderson v. Hall, 80 Ky., 91, does not militate against, this view. 2. Even if appellant does not take the fee, the will certainly gives her the-power to dispose of the property and pass a title to it. (Bulfer v. Willigrod, 33 N. W. Rep., 136; Moore v. Wehh, 2 B. M., 282.) 3. The Chancellor should in any event have ordered a sale of the property for re-investment. The widow takes only a life…
1Opinion of the Court
CHIEF-JUSTICE LEWIS
delivered the opinion of the court.
That portion of the will of Christian Best, deceased,. which it is neeéssary to construe in order to' determine *570the rights and power under it of Caroline Best, widow and executrix, is as follows :
Clause 2. After the payment of all my just debts and funeral expenses, the personal property remaining on hand, including the fixtures of my- shop .and the real estate I now have on hand, situated on Fifth street, between Main and Market streets, and now occupied by Theodore Gamier, I give and bequeath to my beloved wife Caroline.
3. I desire that…
2Cited by1 opinion
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