Curd v. Field
Court of Appeals of Kentucky
Case 37 — PETITION EQUITY APPEAL EBOJI PAYETTE CIRCUIT COURT. 1. The testator’s devise to his son of the land to do with as he might think proper is inconsistent with any intention upon his part tot make the payment of the $500 a lien or charge upon the land; he merely intended to make his son personally liable for the payment of that sum. Schmehl’s Appeal (Pa.), 8 Atl.
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Case 37 — PETITION EQUITY APPEAL EBOJI PAYETTE CIRCUIT COURT. 1. The testator’s devise to his son of the land to do with as he might think proper is inconsistent with any intention upon his part tot make the payment of the $500 a lien or charge upon the land; he merely intended to make his son personally liable for the payment of that sum. Schmehl’s Appeal (Pa.), 8 Atl. Rep., 874. 2. Granting, however, that the land was devised for the purpose of paying this specific legacy of $500, there is no express requirement in the will to make the purchaser look to the application of the purchase money…
1Opinion of the Court
JUDGE WHITE
delivered the opinion or the court.
In 187C John Curd died in Fayette county, seized in fee of certain lands, leaving a will which was duly probated in the Fayette County Court. The will contains this provision: “I then will all my land or farm to my son, John C. Curd, to do with as he may think proper, requiring him to pay to my little niece, Bessie Curd Field, $500 when she arrives at the age of twenty-one or when she gets married.”
This land willed to John C. Curd was worth a consid*295erable sum, and a portion of it has been sold by him to appellant,’T. C. Jefferson.
The appellee,…
2Cases cited1 opinion
- Grotenkemper v. BrysonCourt of Appeals of Kentucky · 1881
3Cited by7 opinions
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- Beakey v. KnutsonOregon Supreme Court · 1918
- Williams v. Williams' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
- Stratton v. Stratton's AdministratorCourt of Appeals of Kentucky · 1912
- Hinton v. HintonCourt of Appeals of Kentucky · 1915
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