Ernst v. Shinkle
Court of Appeals of Kentucky
Case 103 — PETITION EQUITY APPEAL J’ROM KENTON OIROUIT COURT. 1. The will does not create an estate tail. Breckinridge v. Denny, 8 Bush, 523, distinguished. 2. Appellant does not contend that the provisions in the will which declare that the real estate shall never be sold are valid. On the contrary, such provisions are clearly invalid; not, however, because they create an estate tail, but because they are contrary to tlie statute or rule against perpetuities.
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Case 103 — PETITION EQUITY APPEAL J’ROM KENTON OIROUIT COURT. 1. The will does not create an estate tail. Breckinridge v. Denny, 8 Bush, 523, distinguished. 2. Appellant does not contend that the provisions in the will which declare that the real estate shall never be sold are valid. On the contrary, such provisions are clearly invalid; not, however, because they create an estate tail, but because they are contrary to tlie statute or rule against perpetuities. (Gen. Stats., chap. 63, art. 1, sec. 27.) 3. We are not disposed to contend that appellees have a life estate only, or that there is a…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion oe the court.
Amos Shinkle died in the city of Covington in the year. 1892, leaving a last will that was admitted for probate and is now in this court for construction. He left his wife and one son, Bradford Shinkle, surviving him. The will, or that part of it for construction, reads:
“ I give, devise and bequeath unto my dear and faithful wife, Sarah Jane Shinkle, and my son, Bradford Shinkle, all the remainder of my property of whatsoever kind in equal parts to each one, to share and share alike in every particular, except that the home house, No. 165 East…
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