Henry's heirs v. Gonterman
Court of Appeals of Kentucky
CASE 20 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT. The facts appear in the opinion of the court. The language of the will indicates an intention on the part of the testator to limit the estate in the land devised to his daughter to a life estate, in the event of her marriage, with a use to her husband whilst they lived together.
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CASE 20 — PETITION ORDINARY APPEAL PROM JEFFERSON CIRCUIT COURT. The facts appear in the opinion of the court. The language of the will indicates an intention on the part of the testator to limit the estate in the land devised to his daughter to a life estate, in the event of her marriage, with a use to her husband whilst they lived together. After devising an absolute estate to the daughter, the testator subsequently uses language which was obviously designed to restrict the absolute estate in the land to an estate for life, in the event of the daughter’s marriage. The words “ for her and…
1Opinion of the Court
JUDGE STITES
delivered the ohnion of the court:
This was an' action brought by appellants against appellee to recover a tract of land to which they asserted right under the will of their grandfather, Daniel Carter, deceased, which will they exhibited with their petition.
A demurrer was sustained to the petition, and judgment rendered against them for costs; to reverse which this appeal is prosecuted.
The case turns altogether upon the construction of Daniel Carter’s will. That part of the will which relates to the land in dispute reads as follows:
“ I bequeath to my daughter Corinna all my estate,…
2Cases cited3 opinions
- Moore v. MooreCourt of Appeals of Kentucky · 1851
- Prescott v. Prescott's HeirsCourt of Appeals of Kentucky · 1849
- Thompson v. ThompsonCourt of Appeals of Kentucky · 1841
3Cited by1 opinion
- Silloway v. BrownMassachusetts Supreme Judicial Court · 1866