Walters v. Crutcher
Court of Appeals of Kentucky
Pet. Ea- APPEAL FROM JESSAMINE CIRCUIT. in March, 1815, Peter Pollock died, having made and published his will — ■which was duly proved and recorded — by which he devised all his slaves, by name, “to his wife, Mary Pollock, during her natural life,” and at her death he devised “said slaves to Stephen Walter, in trust for the use of his four children, John Pollock, William Pollock, Sally Crutcher, and Betsy Stonestreet, during their lives, and at their deaths, or the death of…
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Pet. Ea- APPEAL FROM JESSAMINE CIRCUIT. in March, 1815, Peter Pollock died, having made and published his will — ■which was duly proved and recorded — by which he devised all his slaves, by name, “to his wife, Mary Pollock, during her natural life,” and at her death he devised “said slaves to Stephen Walter, in trust for the use of his four children, John Pollock, William Pollock, Sally Crutcher, and Betsy Stonestreet, during their lives, and at their deaths, or the death of either of them,” he “gave and bequeathed their one equal fourth part to their children, should they have any, and their…
1Opinion of the Court
Judge Sbupson
delivered the opinion of the court.
The testator, Peter Pollock, devised his slaves in trust for his four children during their lives,’ and at their deathror the death of either of them, their one-fourth part to their children, should they leave any, and their heirs forever; but should either of them die without leaving a child or children, their part to. go to the children of the others.
Two of the testator’s children having died without issue, the question arises, whether the children of *10the other two take their shares under the willper capita ox per stirpes.
1. A devise was “to…
2Cited by1 opinion
- Dills v. DeavorsCourt of Appeals of Kentucky (pre-1976) · 1953