Jones v. Moore
Court of Appeals of Kentucky
Case 43 — PETITION EQUITY — appeal prom mercer circuit court. The provision of the seventh paragraph of the will, that in case the son died without issue, the estate should go back to the brothers and sisters of the testator, was intended to create in the son an estate which would be defeasible upon his death without issue at any time. (Yarble v. Phillips, 14 Ky.
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Case 43 — PETITION EQUITY — appeal prom mercer circuit court. The provision of the seventh paragraph of the will, that in case the son died without issue, the estate should go back to the brothers and sisters of the testator, was intended to create in the son an estate which would be defeasible upon his death without issue at any time. (Yarble v. Phillips, 14 Ky. Law Rep , 363; Mercantile Bank of N. Y. v. Ballard’s Assignee, 83 Ky., 489; Redfield on "Wills, p. 225; Cunningham v. Wathen, 6 Ky. Law Rep., 443;' Thaxton v. Watson, 84 Ky., 210; Wills v. Wills, 85 Ky., 496; Bradley v. Skillman, 3…
1Opinion of the Court
JUDGE HAZELKIGG
delivered the opinion op ti-ie court.
Cyrus Jones died testate in Mercer county, Kentucky, in 1850. His son and principal devisee reached his majority in 1871 and died without issue in 1891. The land the son took under his father’s will is the subject-matter of this litigation.
The question is, did the son take it in fee, subject to-be defeated upon his dying at any time without issue, or the fee to be defeated only upon his dying without issue before reaching his majority ? If the former, the-appellants, the collateral kindred of the testator, will recover it. If the latter, the…
2Cases cited2 opinions
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