Dorsey's Committee v. Maddox
Court of Appeals of Kentucky
Case 31 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The invariable rule in construing wills, independent of all technical rules of construction, is to ascertain the actual intention of the testator; looking at the will as a whole, and the relations and ■surroundings of the parties, the purpose of the testator plainly was to give his granddaughter, Elizabeth Oglesby, only a life estate with remainder to her children, if any, and if none, in…
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Case 31 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The invariable rule in construing wills, independent of all technical rules of construction, is to ascertain the actual intention of the testator; looking at the will as a whole, and the relations and ■surroundings of the parties, the purpose of the testator plainly was to give his granddaughter, Elizabeth Oglesby, only a life estate with remainder to her children, if any, and if none, in remainder to his other devisees. 2. In a suit seeking a sale of the land it was finally adjudged and determined that Mrs.…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
The appellant brought suit for the recovery of a tract of land in Jefferson county, and the petition as amended discloses’the following state of fact:
By the sixth clause of the will of Jacob Hite, Sr., probated in 1872, it was provided:
“I give and devise to my granddaughter, Elizabeth H. Oglesby, the only living child of my deceased daughter, *255Harriet M. Oglesby, sixty (60) acres of land, more or less, being tlie west end of that portion of my original farm lying on the north of the Floydsburg and Louisville road, and west of and adjoining the…
2Cases cited2 opinions
- Sale v. CrutchfieldCourt of Appeals of Kentucky · 1871
- Breckinridge v. DennyCourt of Appeals of Kentucky · 1871
3Cited by9 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Hanna v. PrewittCourt of Appeals of Kentucky · 1913
- Walker v. Bank of Cadiz & Trust Co. (In Re Wilson)United States Bankruptcy Court, W.D. Kentucky · 1984
- Adams v. NapierCourt of Appeals of Kentucky · 1960
- Fox v. Van FleetCourt of Appeals of Kentucky · 1914
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