Dudley v. Weinhart
Court of Appeals of Kentucky
Case 71 — PETITION EQUITY APPEAL FROM KENTON' CHANCERY COURT. 1. Where there is a conflict in the provisions of a will the clause last written must eontx’ol as being the later expressioxx of the testatoi’’s will. (Jacob v. Jacob, 4 Bush, 113; Baugh v. Baugh, 4 Bibb, 556; Nelson v. Nelson, 2 Ky.
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Case 71 — PETITION EQUITY APPEAL FROM KENTON' CHANCERY COURT. 1. Where there is a conflict in the provisions of a will the clause last written must eontx’ol as being the later expressioxx of the testatoi’’s will. (Jacob v. Jacob, 4 Bush, 113; Baugh v. Baugh, 4 Bibb, 556; Nelson v. Nelson, 2 Ky. Law Bop., 63; Howard v. Howard, 4 Bush, 497.) 2. The intention of the testator was that the property described in the vax-ious clauses of his will should go to the respective devisees in the event, axxd only in the event, that Mrs. Eginton should not, in the time and nxodo designated, appoint it to…
1Opinion of the Court
JUDGE BENNETT
delivered the orinion of the court.
Charles Eginton, a wealthy citizen of Covington, Ky., died testate in September, 1890. His will, after providing generously for his wife and granddaughter — he had no living children — provides for the family of his brother, William Eginton, and for the family of his half-brother, Thomas McGrath, and for certain nieces aud nephews of his wife and others.
The testator, in part 9 of his will, gave his wife the power, within a certain time, to change or cancel any and every gift or devise made in his will. The power is as follows : “ And further,…
2Cases cited4 opinions
- McCullough's Adm'r v. AndersonCourt of Appeals of Kentucky · 1890
- Herbert's Guardian v. Herbert's Ex'rCourt of Appeals of Kentucky · 1887
- Johnson v. Yates' DeviseesCourt of Appeals of Kentucky · 1839
- Lillard v. RobinsonCourt of Appeals of Kentucky · 1823
3Cited by4 opinions
- McKallip's EstateSupreme Court of Pennsylvania · 1936
- Sandford's Administrator v. SandfordCourt of Appeals of Kentucky (pre-1976) · 1929
- Henriott v. CoodCourt of Appeals of Kentucky · 1913
- Columbia Trust Co. v. ChristopherCourt of Appeals of Kentucky · 1909