Clay v. Smallwood
Court of Appeals of Kentucky
Case 34 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. The definition of “direct,” as given by Webster’s Dictionary, is “to determine ihe direction of; to regulate; to -govern; to guide; to point out to with authority.”
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Case 34 — PETITION EQUITY APPEAL FROM FAYETTE CIRCUIT COURT. 1. The definition of “direct,” as given by Webster’s Dictionary, is “to determine ihe direction of; to regulate; to -govern; to guide; to point out to with authority.” Now if the married daughters under their father’s will, had the right “to point out” who were the persons of the class designated that should take that portion) 'of the estate, they had the right to select part of that, class to ths exclusion -of the others. 2. If Mrs. Rogers had not exercised the po-wer of appointment, the property would have passed under the will of…
1Opinion of the CourtChief Justice Pryor
eemvered tiie opinion of the court.
Elisha Warfield died leaving a last will and testament by which he made various devises to his children, *215and by the eleventh clause of that instrument, after making a devise of certain portions of his estate to his daughters, by which the fee passed, he conferred upon them certain powers of disposition as to other portions of his estate, from which originated the present controversy. One of his daughters, Mrs. Laura R. Rogers, by her last will, attempted to execute the power conferred upon her, and the two wills, that of the father and daughter, are before…
2Cases cited1 opinion
- Degman v. DegmanCourt of Appeals of Kentucky · 1896
3Cited by5 opinions
- Barrett's v. BarrettCourt of Appeals of Kentucky · 1915
- McCormick v. Security Trust Co.Court of Appeals of Kentucky · 1919
- Hawthorn v. UlrichIllinois Supreme Court · 1904
- Harlan v. Citizens Nat. Bank of DanvilleCourt of Appeals of Kentucky (pre-1976) · 1952
- In re the Will of WeienSupreme Court of Iowa · 1908