Phillips v. Thomas Lumber Co.
Court of Appeals of Kentucky
Case 77 — PETITION EQUITY — The writing upon which appellant relies is a deed and not a will. The intention of the grantor as gathered from the whole instrument must control. (Henderson v. Mack, 82 Ky., 379; Bodine’s Adm’r v. Arthur, &c., 91 Ky., 53; Eeynolds v. McEarland, 10 Ky. Law Bep., 932; Owings v. Hill, 9 Ky.
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Case 77 — PETITION EQUITY — The writing upon which appellant relies is a deed and not a will. The intention of the grantor as gathered from the whole instrument must control. (Henderson v. Mack, 82 Ky., 379; Bodine’s Adm’r v. Arthur, &c., 91 Ky., 53; Eeynolds v. McEarland, 10 Ky. Law Bep., 932; Owings v. Hill, 9 Ky. Law Bep., 468; Bench, et al. v. Nicks, et al., 50 Ark., 367; White v. Hopkins, 79 Ga., 430.) 'The instrument under consideration does not take effect until the death of the maker, and is, therefore, testamentary in its character, and for that reason revocable. (Leaver v. Gauss, 62…
1Opinion of the Court
JUDGE PRYOR
delivered the ofinion of the court.
Jesse Phillips, in consideration of the kind treatment of his wife Yicey, and the love and affection he had for his grandson John Phillips, as he expresses-it, granted and conveyed to them his lands upon which he lived, describing them by a specific boundary, in ike following manner: “This land is deeded to Yicey E. Phillips during her life, and she is to-live on and have control until her death, and at the time of her death it is to go to and belong to John Phillips, son of William Phillips, deceased, and his heirs forever. This deed is not to…
2Cases cited1 opinion
- Leaver v. GaussSupreme Court of Iowa · 1883
3Cited by16 opinions
- Hunt v. HuntCourt of Appeals of Kentucky · 1904
- Saunders v. SaundersSupreme Court of Iowa · 1901
- Shaull v. ShaullSupreme Court of Iowa · 1918
- Catron v. CommonwealthCourt of Appeals of Kentucky · 1910
- Kelley v. ShimerIndiana Supreme Court · 1899
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