Lyons v. Brown

CLAY, Commissioner.

When Arthur Brown died he was survived by his widow, a brother, a sister, and nine children of a deceased sister. By will he devised and bequeathed his estate to his wife for life (she has since died) with remainder to be “divided equally among my living heirs at law.”

In a suit for construction of this clause of the will, the Chancellor determined that the interests of the parties were the same as under the statutes of descent and distribution. KRS 391.010 and 391.040. That is, the brother took one-third, the sister one third, and the nine children of the deceased sister…