Kinney v. Kinney's
Court of Appeals of Kentucky
Case 80 — PETITION EQUITY APPEAL FROM MARSHALL CIRCUIT COURT. A devise of land to a church to be applied to foreign missions is not within chapter 13 of General Statutes, and is for that reason void. (3 Bush, 373; Story’s Equity, sections 1171, 1183, 1184.) Section 3 of chapter 13, General Statutes, does not apply to a devise to a church in trust for charitable uses.
1Opinion of the Court
JUDGE HOLT
delivered the opinion on the court.
Benjamin Kinney died testate in 1886, being then the owner of one hundred acres of land.
His will provides: “I do will and bequeath to the Methodist- Episcopal Church,- South, to be applied to foreign missions, all of my property, real and personal, after the payment of my just debts, * * * * for their use and benefit exclusively.” He was never married, and his collateral kindred are his heirs-at-law. They now claim that the devise lapsed and became inoperative as to the land; and that they are, therefore, entitled to it. • This claim is based upon…
2Cases cited2 opinions
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Gass v. WilhiteCourt of Appeals of Kentucky · 1834
3Cited by17 opinions
- Chase v. DickeyMassachusetts Supreme Judicial Court · 1912
- Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
- Board of Trustees of Methodist Episcopal Church, South v. MaySupreme Court of Missouri · 1907
- Tichenor v. Brewer'sCourt of Appeals of Kentucky · 1895
- American Christian Mission Society v. TateCourt of Appeals of Kentucky · 1923
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