Bayless v. Prescott
Court of Appeals of Kentucky
Case 48 — EQUITY APPEAL from bourbon circuit court. ’The devisor meant by the word survivors those who had not in the meantime died without issue, or who, having ,died, had left issue, as well as those who, with or without issue, actually survived.
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Case 48 — EQUITY APPEAL from bourbon circuit court. ’The devisor meant by the word survivors those who had not in the meantime died without issue, or who, having ,died, had left issue, as well as those who, with or without issue, actually survived. (Birney v. Richardson, 5 Dana, 429 ; 8 Yesey, 10; 14 lb., 578; Roper Leg., vol. 1,426; .Haskins v. Sale, 25 Penn.) In tlie limitation as to Plicebe, daughter of the devisor, there is nothing to confine the operation of the fact of her death without children to any period whatever. Only those who actually outlived her take the ■ estate after her…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion op the court.
Nathan Bay less, sr., by the third clause of his will, devised' to his daughter, Phoebe Hutsell, two.hundred acres of land,, with this limitation:
‘ ‘ Should she die leaving no child or children of her body,, it is my will, and I do ordain it, that the said two hundred, acres of land shall go to, and be inherited by, such of my devisees as shall survive the said Phoebe.”
Phcebe Hutsell, Mary Prescott, Nancy Bowles, NathanBayless, jr., and Hannah Bayless were his devisees. The last was his widow, and the rest were his only children.
Phoebe died…
2Cases cited1 opinion
- Birney v. RichardsonCourt of Appeals of Kentucky · 1837
3Cited by14 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Ford v. JonesCourt of Appeals of Kentucky (pre-1976) · 1927
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- Radford v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1919
- Crozier v. CundallCourt of Appeals of Kentucky · 1896
9 more not listed; retrieve them via the Exa API.