McCallister v. Folden's Assignee
Court of Appeals of Kentucky
Case 83 — Action to Recover Hand — APPEAL PROM HENDERSON CIRCUIT COURT. Judgment por Dependant and Plaintipps Appeal. The question involved in this case is the construction of the deed of W. W. Shelby and wife to John W. Folden and wife, Georgiana Folden, of date June 30, 1888, for 216 acres in Henderson county.
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Case 83 — Action to Recover Hand — APPEAL PROM HENDERSON CIRCUIT COURT. Judgment por Dependant and Plaintipps Appeal. The question involved in this case is the construction of the deed of W. W. Shelby and wife to John W. Folden and wife, Georgiana Folden, of date June 30, 1888, for 216 acres in Henderson county. The habendum of that deed is: . “To have and to hold the aforesaid land to the parties of the second part and upon .their death without having been disposed' of by deed or will, the same is to descend to the heirs of said Georgiana Folden.” Also the deed of Wm. Shelby to John W.…
1Opinion of the Court
Opinion op the court by
JUDGE DuRELLE
Appirming.
In 1890 William Shelby executed a deed for 153 acres of land to John W. Folden and his wife, Georgiana, the daughter of the grantor, “during their natural lives 'only, and at their death the same is to revert to the legal heirs of the party of the first part.” In 1888, W. W. tShelby ■and wife conveyed- 216 acres o,f land to John W. Folden and his wife, Georgiana, “to have and to hold the aforesaid-land 'to the parties 'oif the second part, and, upon their death without having been disposed of by deed or will, the same is to descend to the heirs of…
2Cases cited3 opinions
- Hiles v. . FisherNew York Court of Appeals · 1895
- City of Louisville v. ColeburneCourt of Appeals of Kentucky · 1900
- Elliott v. NicholsCourt of Appeals of Kentucky · 1868
3Cited by3 opinions
- Mitchell v. FrederickCourt of Appeals of Maryland · 1934
- Lowery v. MaddenCourt of Appeals of Kentucky (pre-1976) · 1948
- Long v. ShortCourt of Appeals of Kentucky · 1977