Jones v. Jones
Court of Appeals of Kentucky
Case 95 — PETITION EQUITY APPEAL PROM CLARK CIRCUIT COURT. The testator intended the estate to be kept together during the life of the widow, as he would have kept it if he had lived, the income to furnish a fund for the common support of the family, acording to their respective necessities, from time to time; and the “ control” which he gave her of the estate was not merely a control for the purpose of making it profitable, but a control of the profits when collected for…
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Case 95 — PETITION EQUITY APPEAL PROM CLARK CIRCUIT COURT. The testator intended the estate to be kept together during the life of the widow, as he would have kept it if he had lived, the income to furnish a fund for the common support of the family, acording to their respective necessities, from time to time; and the “ control” which he gave her of the estate was not merely a control for the purpose of making it profitable, but a control of the profits when collected for the purpose of applying them for the general benefit of the family, using the same discretion in applying them as he would…
1Opinion of the Court
JUDGE PRY OR
delivered the opinion op the court.
The principal and only question to be decided on this appeal is the construction of the will of Roger Jones. He owned some four hundred acres of valuable land, and left surviving him his widow and six children, one of them an adopted child. Two of his children were married and not living with the testator. The others were on the farm and living with him at testator’s death.
The will is as follows: “ I will and devise all my property of every kind and description, real, personal and mixed, unto my beloved wife, Lucy M. Jones, to be by her managed…
2Cases cited1 opinion
- Stillwell v. LeavyCourt of Appeals of Kentucky · 1883
3Cited by3 opinions
- Mayes v. KarnCourt of Appeals of Kentucky · 1903
- Jefferson County Stone Co. v. BettlerCourt of Appeals of Kentucky (pre-1976) · 1947
- Stevens v. BakrowCourt of Appeals of Kentucky · 1898