Elkhorn Land & Improvement Co. v. Wallace

Opinion of the Court by

Judge Willis

Reversing.

William Ramey devised to Ms eldest daugMer, Mary Potter, an estate for life in a tract of land at the mouth of Elkhorn creek in Pike county, Ky., with remainder to “the heirs of her body forever.” Mary Potter died about 1873, survived by her husband, Richard Potter, and eleven children. The surviving husband took no interest, since the wife had only a life estate in the property. Parsons v. Justice, 163 Ky. 739, 174 S. W. 725. On August 9,1874, the surviving husband and seven of the cMldren of Mary Potter executed and delivered to George Potter a…