Legal Opinion

Grayson v. Tyler's adm'x

Court of Appeals of Kentucky

Decided September 14, 1882PublishedCited by 9 opinions

Case 68 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The uniform ruling of this court has been, that no sale or transfer is. valid unless the thing or right or interest sold or transferred has a potential or actual existence in the vendor. A possibility is not-subject to sale or transfer. (2 Met., 129; Washburn on Real Property, 4th ed., vol. 2, pp. 549, 562, 590, 592; Bouv. Inst., vol. 2, 286; Shep. Touchstone, 321; Bac. Ab., tit.

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Case 68 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The uniform ruling of this court has been, that no sale or transfer is. valid unless the thing or right or interest sold or transferred has a potential or actual existence in the vendor. A possibility is not-subject to sale or transfer. (2 Met., 129; Washburn on Real Property, 4th ed., vol. 2, pp. 549, 562, 590, 592; Bouv. Inst., vol. 2, 286; Shep. Touchstone, 321; Bac. Ab., tit. Release, Greenleaf W. Cruise,. 33; 120 Mass., 343; Preston, 95, 205; 11 Wend:, 123; 9 R. I., 145; 13 '• Wend., 178; 19 N. Y., 384; 11 Paige, 290.) 2. In Wren…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion op the court.

Frederick W. S. Grayson, sr., died, leaving a will by which he made devises to his wife and mother of portions of his estate during their respective lives, “and upon their deaths the said residue to be divided among my nephews and nieces then living, that are now or may before that time be born.” His widow and mother are both dead, and this controversy arises as to the interest of one of his nephews in that part of the estate devised to his widow. The nephew,. John C. Grayson, who was living at the death of the devisor,, on the sixth of September,…

2Cases cited1 opinion

  1. Graham v. HenryTexas Supreme Court · 1856

3Cited by9 opinions

  1. McCall's Adm'r v. HamptonCourt of Appeals of Kentucky · 1895
  2. Fulton v. TeagerCourt of Appeals of Kentucky · 1919
  3. Roy v. WestCourt of Appeals of Kentucky · 1922
  4. Bank of Taylorsville v. VandykeCourt of Appeals of Kentucky · 1914
  5. Jones v. ThomassonCourt of Appeals of Kentucky · 1914

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