Ferguson v. Thomason
Court of Appeals of Kentucky
Case 80 — PETITION EQUITY APPEAL PROM SCOTT COURT OP COMMON -PLEAS. 1. A will containing a specific devise to one child and remainder of the estate to the widow for life, with the following codicil: “ It is further my will, that if any of my children should die without children“or heirs of their body, the estate above devised to them shall be equally divided between any surviving children and the heirs of those that may die, in equal share as my children,” is to be construed…
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Case 80 — PETITION EQUITY APPEAL PROM SCOTT COURT OP COMMON -PLEAS. 1. A will containing a specific devise to one child and remainder of the estate to the widow for life, with the following codicil: “ It is further my will, that if any of my children should die without children“or heirs of their body, the estate above devised to them shall be equally divided between any surviving children and the heirs of those that may die, in equal share as my children,” is to be construed as dispos-, ing of only that portion of the estate specifically mentioned, and the remainder of the estate as passing…
1Opinion of the Court
JUDGE HOLT
delivered the opihtok op the court.
Richard Thomason died testate in 1855, leaving a widow and seven children. His will was made in November, 1844. Subject to the payment of his debts, it gave his entire estate to his wife during her life or widowhood. It made certain provisions for her in the event of re-marriage; but they need not be stated, as it never occurred. She died in 1884. Three of the children have died since the death of the testator, all leaving children. Four of his children yet survive.
The original will contains no provision as to the final disposition of the estate,…
2Cases cited3 opinions
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Birney v. RichardsonCourt of Appeals of Kentucky · 1837
- Thackston v. WatsonCourt of Appeals of Kentucky · 1886
3Cited by14 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Ford v. JonesCourt of Appeals of Kentucky (pre-1976) · 1927
- Bradshaw v. WilliamsCourt of Appeals of Kentucky · 1910
- Harrington v. CooperSupreme Court of Arkansas · 1916
- Jones v. MooreCourt of Appeals of Kentucky · 1894
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