Phillips v. Phillips
Court of Appeals of Kentucky
Case 89 — PETITION EQUITY APPEAL PROM PIKE CIRCUIT COURT. Before an heir can be cut off by will, as in the case at bar, the testator must dispose of all his property to some one. An heir can not be cut off by mere negative words of exclusion. (Gen. Stats., chap. 50, art. 2, sec. 4; Tieeman on Real Property, sec. 663; Coffman v. Coffman, 85 Va., 459; s. c., 17 Am. St. Rep. 70; Boisseau v. Aldridge, 5 Leigh, 222 ; s. c., 27 Am.
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Case 89 — PETITION EQUITY APPEAL PROM PIKE CIRCUIT COURT. Before an heir can be cut off by will, as in the case at bar, the testator must dispose of all his property to some one. An heir can not be cut off by mere negative words of exclusion. (Gen. Stats., chap. 50, art. 2, sec. 4; Tieeman on Real Property, sec. 663; Coffman v. Coffman, 85 Va., 459; s. c., 17 Am. St. Rep. 70; Boisseau v. Aldridge, 5 Leigh, 222 ; s. c., 27 Am. Dec., 590; Doe v. Lanius, 3 Ind., 441; s. c., 56 Am. Dec., 518, and note; Thomas v. Thomas, 3 Western Rep., 67 ; Massie, &c., v. Griffin, 2 Met., 367 ; Allan and wife v.…
1Opinion of the Court
JUDGE BENNETT,
delivered the opinion op the court.
The appellants and appellees are the children and heirs at law of Thompson Phillips, who died partially testate,. 1 and leaving a large estate undisposed of by gift or devise.. *499The part of the estate undisposed of is that part in controversy. The facts are that Thompson Phillips devised to his five daughters two hundred dollars each, which sum, he says, is all I intend for my five daughters to have of my estate.” To all of his sons, except the appellees, E. M. and George Phillips, to whom he made no gift or devise, he gave by deed small…
2Cases cited1 opinion
- Clarkson v. ClarksonCourt of Appeals of Kentucky · 1871
3Cited by5 opinions
- Phelps v. Stoner's AdministratorCourt of Appeals of Kentucky · 1919
- Todd v. GentryCourt of Appeals of Kentucky · 1901
- Duff v. Duff's Exors.Court of Appeals of Kentucky · 1912
- Hardin's v. HardinCourt of Appeals of Kentucky · 1916
- Owsley v. GilbertCourt of Appeals of Kentucky (pre-1976) · 1936