Graves v. Spurr
Court of Appeals of Kentucky
Case 91 — PETITION EQUITY APPEAL PROM CLARK CIRCUIT COURT. 1. The appellee does not take as devisee the share which his mother, ' if living, would take. The term “brother and sisters” ■ does not include the children of brother and sisters. 2. The will created in Mrs. Goff a contingent remainder which never took effect because of her death before the happening of the contingency; and therefore appellee does not take by descent from her.
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Case 91 — PETITION EQUITY APPEAL PROM CLARK CIRCUIT COURT. 1. The appellee does not take as devisee the share which his mother, ' if living, would take. The term “brother and sisters” ■ does not include the children of brother and sisters. 2. The will created in Mrs. Goff a contingent remainder which never took effect because of her death before the happening of the contingency; and therefore appellee does not take by descent from her. (Fearne on Remainders, 150; Gorham v. Betts, 86 Ky., 165; Leppes v. Lee, 92 Ky., 17.) The words of the will are plain and unambiguous. The term “brother and…
1Opinion of the Court
JUDGE GRACE
delivered the opinion oe the court.
The questions in this appeal arise on the will of Jacob Hughes, published in 1874, in which he undertook to provide for his grandchildren, of whom there were two sets; one, the children of his daughter, Julia Shelter, and the other the children of another daughter, Jane Graves. Of the former, there were four, and of the latter there were five.
Testator divided his estate into two equal, parts, and gave to each set an equal proportion of one-half, thus dividing his estate, as to the Shelter children, into four parts, and as to the Graves children,…
2Cases cited5 opinions
- Birney v. RichardsonCourt of Appeals of Kentucky · 1837
- Leppes v. LeeCourt of Appeals of Kentucky · 1891
- Cummings v. StearnsMassachusetts Supreme Judicial Court · 1894
- Harris v. BerryCourt of Appeals of Kentucky · 1870
- Gorham v. BettsCourt of Appeals of Kentucky · 1887
3Cited by4 opinions
- Brierly's and Trustee v. NelsonCourt of Appeals of Kentucky (pre-1976) · 1929
- Lantz v. Pence Juday, Extr. Etc.Indiana Court of Appeals · 1957
- Holt v. RudolphCourt of Appeals of Kentucky · 1919
- Lantz v. Pence Juday, Extr. Etc.Indiana Court of Appeals · 1957