Sloan v. Thornton
Court of Appeals of Kentucky
Case 71 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT. 1.The provisions of sections 2064 and 4841 of the Kentucky Statutes were intended to do away with survivorship under wills, and the spirit and intention of these statutes have been construed by the court as modifying or changing the common law doctrine of survivorship, and the wordi “children” held to include descendants, unless the will showed a contrary intention.
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Case 71 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT. 1.The provisions of sections 2064 and 4841 of the Kentucky Statutes were intended to do away with survivorship under wills, and the spirit and intention of these statutes have been construed by the court as modifying or changing the common law doctrine of survivorship, and the wordi “children” held to include descendants, unless the will showed a contrary intention. Yates v. Gill, 9 B. M., 203; Renaker v. Lemon, 1 Duval, 212; Dunlap v. Shreve’s Exor., 2 Duval, 334; Chenault v. Chenault, 88 Ky., 83; Puller v. Martin, 16 Ky. Law Rep.,…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion op the court.
Harriet Woods died unmarried and without issue, having previously made and published her last will and testament, and the question upon this appeal is the construction to be given to the word “children” in the fourth clause of the will, which clause reads as follows:
“Fourth — To the children of my late uncle, John Woods, eceased, their names, number, or place of residence being unknown to me, I bequeath the sum of $3,000, to be divided equally between them, share and share alike; but if none of said children should be living at the time of my…
2Cases cited3 opinions
- Chenault's Guardian v. Chenault's ExecutorsCourt of Appeals of Kentucky · 1888
- Phillips' Devisees v. BeallCourt of Appeals of Kentucky · 1839
- Sheets v. Grubbs'Court of Appeals of Kentucky · 1863
3Cited by5 opinions
- Higgins v. CommonwealthCourt of Appeals of Kentucky · 1907
- City of Lexington v. Fishback's TrusteeCourt of Appeals of Kentucky · 1901
- Abney v. PearsonCourt of Appeals of Kentucky (pre-1976) · 1934
- Harrington v. GibsonCourt of Appeals of Kentucky · 1901
- Perkins v. WilsonCourt of Appeals of Kentucky (pre-1976) · 1929