Littell v. Wallace
Court of Appeals of Kentucky
Case 47 — EQUITY APPEAL PROM CHRISTIAN CIRCUIT COURT. We suggest that another construction of decedent’s will is, that the latter part constitutes an irrevocable limitation of the use of the property devised, an abandonment of which would operate as a forfeiture of the interests of, the devisees. o 1. The general rule is, that if lands are given to a corporation for char- * itable uses, which the donor contemplates shall last forever, the heir can never have the land unless…
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Case 47 — EQUITY APPEAL PROM CHRISTIAN CIRCUIT COURT. We suggest that another construction of decedent’s will is, that the latter part constitutes an irrevocable limitation of the use of the property devised, an abandonment of which would operate as a forfeiture of the interests of, the devisees. o 1. The general rule is, that if lands are given to a corporation for char- * itable uses, which the donor contemplates shall last forever, the heir can never have the land unless it be impracticable to execute the charity. .2. Appellees, under the will and the aid of the legislative act, with the…
1Opinion of the Court
.JUDGE HARGIS
delivered the opinion op the court.
In the year 1844 Mrs. Susan Preston made and published her last will and testament, by the second clause of which :she devised "to the trustees of the Presbyterian Church in Hopkinsville, and to their successors forever, in fee-simple,” .a house and' lot, "with the buildings, hereditaments, and ■ .appurtenances thereto attached and appertaining, ... to be used, occupied, and enjoyed by the church aforesaid and their minister as a parsonage. ”
*253The legislature, in the year 1878, passed an act incorporating the trustees of said church, by which…
2Cited by4 opinions
- Tate v. WoodyardCourt of Appeals of Kentucky · 1911
- Sawyer v. LamarCourt of Appeals of Kentucky (pre-1976) · 1929
- People's Savings Bank & Trust Co. v. Board of Trustees of South Side Baptist ChurchCourt of Appeals of Kentucky (pre-1976) · 1927
- Kelly v. Second Presbyterian Church of U.S. A.Court of Appeals of Kentucky (pre-1976) · 1941