Clay v. Chenault
Court of Appeals of Kentucky
Case 83. — ACTION BY O. H. CHENAULT AGAINST MARY B. ° CLAY TO RECOVER LAND, Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge. Judgment for Plaintiff. Defendant appeals.
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Case 83. — ACTION BY O. H. CHENAULT AGAINST MARY B. ° CLAY TO RECOVER LAND, Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge. Judgment for Plaintiff. Defendant appeals. PROPOSITIONS AND AUTHORITIES. 1. Under a devise ito a trustee to hold for the use of C. for life, and at his death to convey to the latter’s children, with a limitation over in the event of the life tenant’s death without leaving- issue, the first child -of C. took, when born, a vested remainder, which opened to let in the afterborn children; and the remainder interests so vested, were defeasible only in the…
1Opinion of the Court
Opinion by
Judge Nunn
Affirming.
In the year 1828, Gen. Green Clay, a resident of Madison county, Ky., made his last will and testament ; so much of which as is pertinent to a discussion of the issue involved on this appeal being as follows: “I give to my son, Sidney Payne Clay, as trustee, the fee simple‘of the tract of land on which I live, containing about 2,000 acres, * * * upon the following trust, to-wit: That he permit my son, Cassius Marcellus Clay, to use, occupy and enjoy said tract of land during his natural life, and at his death to convey said estate to his children. But should my…
2Cases cited4 opinions
- Mercantile Bank of New York v. Ballard's AssigneeCourt of Appeals of Kentucky · 1885
- Sale v. CrutchfieldCourt of Appeals of Kentucky · 1871
- Massie v. SebastianCourt of Appeals of Kentucky · 1816
- Churchill v. TerrellCourt of Appeals of Kentucky · 1866