Frank v. Unz
Court of Appeals of Kentucky
Case 112 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. The devise to the testator’s wife “for her own use and the benefit of our children forever” made the wife a tenant in common with the children, and not merely a life tenant with remainder to the children. (Turner v. Patterson, 5 Dana, 293; Gill’s Heirs v. Logan’s Heirs, 11 B. M., 234; Carr v. Estili, 16 B. M., 312; Procter v. Smith, 8 Bush, 83; Cessna v. Cessna, 4 Bush, 516; Brown v. Connell, 11 Ky.
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Case 112 — PETITION EQUITY — APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. The devise to the testator’s wife “for her own use and the benefit of our children forever” made the wife a tenant in common with the children, and not merely a life tenant with remainder to the children. (Turner v. Patterson, 5 Dana, 293; Gill’s Heirs v. Logan’s Heirs, 11 B. M., 234; Carr v. Estili, 16 B. M., 312; Procter v. Smith, 8 Bush, 83; Cessna v. Cessna, 4 Bush, 516; Brown v. Connell, 11 Ky. Law Bep., 427; Powell v. Powell, 5 Bush, 619; Davis v. Hardin, 80 Ky., 672; Bullock v. Caldwell, 81 Ky., 566; Smith v.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This case is here íor a construction of the will of Peter Prank. After the payment of debts, he devises *622as follows: “The rest and residue of my estate, real, personal and mixed, I give and bequeath to my dear wife, Anna Maria Prank, for her own use and the benefit of our children forever. I hereby appoint, nominate and constitute my wife, Anna Maria, executrix of this my last will, and g'uardian of our minor children. I request that she may be allowed to qualify without any bond or surety.’.’
The testator left two children, and one of them, Charles…
2Cases cited2 opinions
- Koenig v. KraftCourt of Appeals of Kentucky · 1888
- Smith v. WardenCourt of Appeals of Kentucky · 1883
3Cited by16 opinions
- Hall v. WrightCourt of Appeals of Kentucky · 1905
- Virginia Iron, Coal & Coke Co. v. DyeCourt of Appeals of Kentucky · 1912
- Naville ex rel. Page v. American Machine Co.Court of Appeals of Kentucky · 1911
- Smith v. SmithCourt of Appeals of Kentucky · 1905
- Meisberg v. BryantCourt of Appeals of Kentucky · 1919
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