Bradshaw v. Baker
Court of Appeals of Kentucky
Motion for the rule considered by the C'onrt of Appeals and rule refused. DYING WITHOUT ISSUE. The court properly construed this expression: “But should our said daughter, Grace Butler Bradshaw, die without issue, then what remains of my estate shall be divided into two equal parts, etc.,” and adjudged that the dying without issue had reference to her death in the life-time of the life tenant, and that she, if living at the death of Mrs. Butler, took the property absolutely.
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Motion for the rule considered by the C'onrt of Appeals and rule refused. DYING WITHOUT ISSUE. The court properly construed this expression: “But should our said daughter, Grace Butler Bradshaw, die without issue, then what remains of my estate shall be divided into two equal parts, etc.,” and adjudged that the dying without issue had reference to her death in the life-time of the life tenant, and that she, if living at the death of Mrs. Butler, took the property absolutely. The rule of.construction in such cases is too well settled to need comment. In the case of Harvey, etc., v. Bell, etc.,…
1Opinion of the Court
Opinion of the Court by
Chief Justice Settle.
T'lie plaintiff, Grace B. Bradshaw, asks that this court issue a rule against the defendant, H. C. Baker, judge of the Twenty-Ninth judicial district of Kentucky, requiring him to show cause why he should *68not enter in the ease of Bettie W. Butler v. Grace B. Bradshaw and Others, pending in the Adair circuit court, a judgment tendered in that court by plaintiff, Bradshaw, and which, she insists, conforms to and is required by the opinion and mandate of this court in the case of Bradshaw v. Butler, appealed from the Adair circuit court and decided by…
2Cited by4 opinions
- Roland v. MurrayCourt of Appeals of Kentucky (pre-1976) · 1951
- Gooch v. CollinsCourt of Appeals of Kentucky · 1913
- City of Louisville v. ZoellerCourt of Appeals of Kentucky · 1913
- Cline v. ClineCourt of Appeals of Kentucky · 1923