Hazelett v. Farthing
Court of Appeals of Kentucky
Case 73 — PETITION EQUITY — 1. One can not claim under and against a will at the same time. (Watson v. Ohristian, 12 Bush, 424; Vance, &c.. v. Campbell's Heirs, 1 Dana, 229; Chambers, &c., v. Davis, 5 B. JVL, 522; Taylor v. Loller’s Ex’rs, 8 Ky, Law Rep., 78.) 2. The widow having- lost her right to the homestead by accepting the provisions- of the will, the homestead is also desti-oyed as to the children. (5 By. Lajv Rep., 580; Watson v. Christian, 12 Bush, 524.)
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
The land in question is included by the fourth clause of the will of George Farthing: 'I will and devise to my beloved wife and children, namely: Susan Francis Farthing, Charles W. Farthing, H. M. Pulliam, N. J. Farthing, C. B. Farthing, and J. C. Farthing, all the balance of my personal property and real estate, of whatever kind, and I hereby declare this writing to be my only and last will and testament.”
It is plain the testator intended to give to his wife not a life estate, remainder to the others named in that clause, but a joint and equal…
2Cited by6 opinions
- Demarest v. AllenCourt of Appeals of Kentucky · 1920
- Stokes v. PillowSupreme Court of Arkansas · 1897
- Miller v. Fidelity Bankers Trust Co.Tennessee Supreme Court · 1932
- Jarboe v. HaydenCourt of Appeals of Kentucky · 1909
- McLean v. TrabueCourt of Appeals of Kentucky · 1911
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