Wills v. Wills
Court of Appeals of Kentucky
Case 61 — PETITION ORDINARY APPEALS PROM CLARK CIRCUIT COURT. The testator intended that the devise over provided for by the seventh clause of his will should take effect only in the event of the death of any one of his children in his life-time, and that after distribution each child should have an absolute estate in his share and not merely an estate for life or a defeasible fee.
Read the full summary
Case 61 — PETITION ORDINARY APPEALS PROM CLARK CIRCUIT COURT. The testator intended that the devise over provided for by the seventh clause of his will should take effect only in the event of the death of any one of his children in his life-time, and that after distribution each child should have an absolute estate in his share and not merely an estate for life or a defeasible fee. Where the bequest is direct and immediate, the dying without issue or children, nothing else appearing, means the death of the legatee in the testator's life-time. When the gift is not immediate, the words “ dying…
1Opinion of the CourtChief Justice Pryor
These two actions, in the nature of ejectments, were instituted in the court below for the recovery of the land in controversy by the children and devisees of John P. Wills, who are the appellees, against the devisees of John G. Wills, the present appellants.
The right of recovery depends on the construction given the last will of John P. Wills, deceased.
The testator had four children living at the time of his death and a grandchild. He disinherited his grandchild, giving his entire estate to his four children. Tlieir names were Martha Flynn (wife of Dudley Flynn), John G. Wills, Benjamin…
2Cases cited2 opinions
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Birney v. RichardsonCourt of Appeals of Kentucky · 1837
3Cited by35 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Kohtz v. EldredIllinois Supreme Court · 1904
- Wright v. CharleyIndiana Supreme Court · 1891
- Borgner v. BrownIndiana Supreme Court · 1893
- Carpenter v. HazelriggCourt of Appeals of Kentucky · 1898
30 more not listed; retrieve them via the Exa API.