Legal Opinion

Tichenor v. Brewer's

Court of Appeals of Kentucky

Decided November 30, 1895PublishedCited by 16 opinions

Cask 58 — PETITION EQUITY — APPEAL EROM NELSON CIRCUIT COURT. No brief filed. 1. The word “descendants” does not embrace collateral relations. (Rapalje & Lawrence’s Law Dictionary; 30 N. Y., 393; Stor-mouth’s English Dictionary; Bouvier’s Law Dictionary.) 2. The fact that the Roman Catholic Bishop is not. designated by his corporate name does not invalidate the devise to him.

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Cask 58 — PETITION EQUITY — APPEAL EROM NELSON CIRCUIT COURT. No brief filed. 1. The word “descendants” does not embrace collateral relations. (Rapalje & Lawrence’s Law Dictionary; 30 N. Y., 393; Stor-mouth’s English Dictionary; Bouvier’s Law Dictionary.) 2. The fact that the Roman Catholic Bishop is not. designated by his corporate name does not invalidate the devise to him. (Cro-mie’s Heirs v. Louisville Orphans’ Home Society, 3 Bush, 365.) 3. The devise to the Bishop is not void for uncertainty. (Kinney v. Kinney’s Ex’or, 86 Ky., 611; Attorney-General v. Wallace, 7 B. Mon., 612; Ford v.…

1Opinion of the Court

JUDGE GRACE

delivered the opinion of the court.

The questions presented by this appeal arise upon this clause of the will of Mrs. Lucy Brewer who, in 1888, died intestate, domiciled in Nelson county, Ky., where her will was duly probated in 1889, after her death: “All the re*350mainder of my estate, of every kind whatsoever, I give to Wm. Johnson in trust, and the income or profits of the same, or so much thereof as he may think proper, to be applied to the support and maintenance of Frederick Brewer and any family he may have during his natural life, and at his death then to his descendants, if…

2Cases cited5 opinions

  1. Attorney General v. Wallace's DeviseesCourt of Appeals of Kentucky · 1847
  2. Cromie's heirs v. Louisville Orphans' Home SocietyCourt of Appeals of Kentucky · 1867
  3. Kinney v. Kinney'sCourt of Appeals of Kentucky · 1888
  4. Ford v. Ford's Ex'rCourt of Appeals of Kentucky · 1891
  5. Given's Admr. v. ShouseCourt of Appeals of Kentucky · 1883

3Cited by16 opinions

  1. Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
  2. Russell v. TylerCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Gooding v. Watson's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Gill's v. Woman's ClubCourt of Appeals of Kentucky · 1924
  5. Fischer v. PorterCourt of Appeals of Kentucky (pre-1976) · 1936

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