Legal Opinion

Clay v. Chenault

Court of Appeals of Kentucky

Decided March 10, 1900PublishedCited by 27 opinions

Case 11 — Action bt Bishop Clay, &c., Against Anderson Chenault, Je., por a Division op Land Involving Construction op the Will op Anderson Chenault, Sr. APPEAL PROM MONTGOMERY CIRCUIT COURT.

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Case 11 — Action bt Bishop Clay, &c., Against Anderson Chenault, Je., por a Division op Land Involving Construction op the Will op Anderson Chenault, Sr. APPEAL PROM MONTGOMERY CIRCUIT COURT. Judgment por Dependant and Plaintiff’s Appeal. 1. The provision in the will of Anderson Chenault, Sr., in controversy, is as follows: “I own 275 acres of land, known as the Peters’ farm, and lands adjoining, which tract of land I give and bequeath, equally 'and jointly, to my two sons, Waller and Anderson, and for which I charge them $66.66 2-3 per acre, and '.they must account for same, and he charged…

1Opinion of the Court

*80Opinion op the court by

JUDGE GUPPY

'Affirming.

Anderson Chenault, Sr., died in Montgomery county, after first making and publishing his last will, which was duly probated. Among the devisees were Waller and Anderson Chenault, Jr., to whom, among other things, were devised 275 acres of land in equal shares. Some time after the death of the testator, Waller Chenault died without having sold' his interest in the land devised; but by his will •he devised said land to his brother for life, with remainder to all the descendants of the testator, Anderson Chenault, except that the share that would…

2Cases cited13 opinions

  1. Ide v. IdeMassachusetts Supreme Judicial Court · 1809
  2. Terry v. . WigginsNew York Court of Appeals · 1872
  3. Smith v. . Van OstrandNew York Court of Appeals · 1876
  4. Van Horne v. . CampbellNew York Court of Appeals · 1885
  5. Campbell v. . BeaumontNew York Court of Appeals · 1883

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3Cited by27 opinions

  1. Trustees Presbyterian Church v. MizeCourt of Appeals of Kentucky · 1918
  2. Greenway v. WhiteCourt of Appeals of Kentucky · 1922
  3. Becker v. RothCourt of Appeals of Kentucky · 1909
  4. Harkness v. LisleCourt of Appeals of Kentucky · 1909
  5. Wintuska v. PeartCourt of Appeals of Kentucky (pre-1976) · 1931

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