Dumesnil v. Dumesnil
Court of Appeals of Kentucky
Case 96 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. A general power of appointment can not be given in a deed of bargain and sale because (1) the appointee is not within the consideration and (2) because the persons who may take under the appointment are uncertain. (Mildmay’s Case, 1 Coke’s Eep., 177; Sugden on Powers, vol. 1 (Ed. 1836), chap. 3, sec. 2, par. 165; Minor’s Institutes, vol. 2, pp. 820, 825, 826; 2 Th.
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Case 96 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. A general power of appointment can not be given in a deed of bargain and sale because (1) the appointee is not within the consideration and (2) because the persons who may take under the appointment are uncertain. (Mildmay’s Case, 1 Coke’s Eep., 177; Sugden on Powers, vol. 1 (Ed. 1836), chap. 3, sec. 2, par. 165; Minor’s Institutes, vol. 2, pp. 820, 825, 826; 2 Th. Co. Lit., 579 N. “A,” 586 N. (B), Lord Chief Baron Gilbert; Saunders on Uses and Trusts, vol. 2, p. 42;, Statute 27 Henry VIII., chap. 10; Virginia Code, 1873,…
1Opinion of the CourtChief Justice Holt
March 1,1886, Henrietta Ormsby conveyed a lot to the appellee, Julia H. Dumesnil, as the party of the second part in the deed, for her separate use for life and then to her children by her then husband, Antoine Dumesnil; if she left none then to him as party of the third part for life; and if the survivor of the second and third parties left no issue of their marriage surviving, then the property to pass forever to the heirs of the party of the third part.
The deed, however, provided: “ Subject, nevertheless, to the power in the said party of the third part, and the power is hereby granted to…
2Cases cited1 opinion
- Johnson v. Yates' DeviseesCourt of Appeals of Kentucky · 1839
3Cited by7 opinions
- Jobling v. TuttleSupreme Court of Kansas · 1907
- Lynn v. TurpinTennessee Supreme Court · 1948
- Bruns v. WillemsSupreme Court of Minnesota · 1919
- Henriott v. CoodCourt of Appeals of Kentucky · 1913
- Thomas v. BrooksCourt of Appeals of Kentucky · 1920
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