Legal Opinion

Bullock v. Caldwell

Court of Appeals of Kentucky

Decided January 22, 1884PublishedCited by 1 opinion

Case 88 — EQUITY APPEAL PROM NICHOLAS CIRCUIT COURT. The court erred in adjudging that Mrs. Bullock had a life estate in the-land. She had an undivided ninth part, there being eight children. (Poster v. Shreve, 6 Bush, 522; Webb v. Holmes, 3 B. Mon., 404.' The proper construction of the deed is, if the children have any interest,. to give it to them in a body after the interest of their mother has - expired.

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Case 88 — EQUITY APPEAL PROM NICHOLAS CIRCUIT COURT. The court erred in adjudging that Mrs. Bullock had a life estate in the-land. She had an undivided ninth part, there being eight children. (Poster v. Shreve, 6 Bush, 522; Webb v. Holmes, 3 B. Mon., 404.' The proper construction of the deed is, if the children have any interest,. to give it to them in a body after the interest of their mother has - expired. She takes a life estate, with remainder to the children, if, indeed, she does.not take the fee. ,

1Opinion of the Court

JUDGE PRYOR

delivered the opinion op the court.

The conveyance in this case is to Nannie S. Bullock and’ her children, of the second part, to have and to hold said tract, of land to the parties of the second part, their heirs and. assigns forever. The conveyance is from the father to the-daughter and her children. Under this conveyance the parties of the second part hold as joint tenants. What effect-the conveyance could have as to after born children is not a question before us, but it is manifest that the children living were parties to the deed, and took a present interest in the property…

2Cases cited1 opinion

  1. Powell v. PowellCourt of Appeals of Kentucky · 1869

3Cited by1 opinion

  1. Hall v. WrightCourt of Appeals of Kentucky · 1905

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