Holsen v. Rockhouse
Court of Appeals of Kentucky
Case 34 — PETITION ORDINARY — APPEAL PROM KENTON CIRCUIT COURT. 1. By the expression “ our children ” the testator meant the children of his wife by him, and did not mean to include her child by her former husband. 2. The widow, under the devise to her, took only a life estate, with the-power to divide the property between the testator’s two children in any proportion she might see proper.
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Case 34 — PETITION ORDINARY — APPEAL PROM KENTON CIRCUIT COURT. 1. By the expression “ our children ” the testator meant the children of his wife by him, and did not mean to include her child by her former husband. 2. The widow, under the devise to her, took only a life estate, with the-power to divide the property between the testator’s two children in any proportion she might see proper. (Collins, &c., v. Carlisle’s; Heirs, 7 B. Mon., 14; McGaughey’s Adm’r v. Henry, &c., 15 B. , Mon., 399; Carroll’s Heirs v. Carroll’s Heirs, 12 B. Mon., 639; Moore v. Webb, 2 B. Mon., 283; Lasley for &e. v.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the c'ourt.
Gerhard Holsen, in the year 1839, intermarried with a widow named Dorotha Rockhouse, her maiden name being Niethfeldt. The widow at the time of her sec- *234■ ond marriage had one child called Clemens Rockhouse. Holsen had by his wife Dorotha three children; one died in infancy, and the other two, Gerhard and John, survived the father.
One of his sons, Gerhard, left Covington, where they all resided, about the year 1851, and has not been heard from for1 many years. Holsen, the husband and father, was the owner in fee of the real •estate in controversy…
2Cited by2 opinions
- Degman v. DegmanCourt of Appeals of Kentucky · 1896
- Goss v. WithersCourt of Appeals of Kentucky · 1913