Coats' Ex'r v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 51 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The intention -of a testator must control and that intention should he reached by construing all parts of the will together, giving to the language used its ordinarily accepted meaning.
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Case 51 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The intention -of a testator must control and that intention should he reached by construing all parts of the will together, giving to the language used its ordinarily accepted meaning. (Burleigh v. Clough,. 52 N. H., 267; Stewart v. Walker, 72 Maine, 146; Smith v. Bell, 6 Peters, 68; Brant v. Virginia Coal and Iron Co., 93 "U. S.; Anderson v. Hall, 80 Ky., 91; Barclay v. Dupuy, 6 B. M., 98.) 2. An express life estate is not converted into a fee by adding a power of disposition. (Minor’s Institutes, vol. 2, p. 950; Ide v.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
Matthew H. Coats died in July, 1883, in the city of Covington, leaving his widow, Beulah Coats, surviving him. He owned a considerable estate that he disposed of by his last will by the terms of which his widow became the principal devisee. He left no children, and the ex*268tent and character of the estate devised to his wife is the subject matter of this controversy.
The provisions of the will necessary to be considered are as' follows: First — I direct that all my just debts and funeral expenses be promptly paid. Second — I hereby bequeath to my…
2Cases cited2 opinions
- Jackson v. RobinsNew York Supreme Court · 1819
- McCullough's Adm'r v. AndersonCourt of Appeals of Kentucky · 1890
3Cited by17 opinions
- Trustees Presbyterian Church v. MizeCourt of Appeals of Kentucky · 1918
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- McClelland's Exr. v. McClellandCourt of Appeals of Kentucky · 1909
- Commonwealth v. Stoll's Admr.Court of Appeals of Kentucky · 1909
- Decharette v. DecharetteCourt of Appeals of Kentucky (pre-1976) · 1936
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