Arterburn v. Emberton

This is a motion for appeal from a judgment declaring that Fred Walden took a fee simple title to lands devised under the will of his father. The words of the will were, to “Fred Walden my son and his heirs.”

There is nothing in the will indicating any ambiguity in this language and in the absence of a contrary intent shown therein, the word “heirs” is a word of limitation and not of purchase. Fischer v. Steepler et al., 152 Ky. 317, 153 S.W. 420. Therefore the named devisee took a fee simple estate. Borders v. Skiles, 295 Ky. 670, 175 S.W.2d 353. (In Bell v. Holdbrook, 299 Ky. 843, 187 S.W.2d…