Major v. Herndon
Court of Appeals of Kentucky
Case 25—EQUITY APPEAL FROM ANDERSON CIRCUIT COURT. -C. The court erred in rendering any judgment in favor of the administratrix de bonis non, with the will annexed, as there was no estate left to administer, the widow having administered on it, and taken it as trustee. '2. The marriage of the widow did not divest her of her right of possession. 3. She held the property subject only to maintaining and educating the children. She was entitled to the increase of the property.
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Case 25—EQUITY APPEAL FROM ANDERSON CIRCUIT COURT. -C. The court erred in rendering any judgment in favor of the administratrix de bonis non, with the will annexed, as there was no estate left to administer, the widow having administered on it, and taken it as trustee. '2. The marriage of the widow did not divest her of her right of possession. 3. She held the property subject only to maintaining and educating the children. She was entitled to the increase of the property. (Hill on Trustees, side page 71; Perry on Trusts, secs. 117, 118, pp. 91, 92; Leach v. Leach, 13 Summers, 304; Brown v.…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
P. F. Herndon, by the third clause of his will, gave to his. son, John Chapman, the sum of eleven hundred dollars to-make him equal to his brothers, David W. and Alvin G.
The fourth and fifth clauses read as follows:
‘ ‘ Fotcrth. I give and bequeath to my beloved wife, Elizabeth Jane Herndon, the farm upon which I now reside, together with the remainder of my property, after taking out the legacies above named, during her life-time or while she remains my widow, which I desire she shall manage and control for the benefit of herself, and mine and her…
2Cases cited3 opinions
- Warfield v. Brand's adm'rCourt of Appeals of Kentucky · 1877
- Lyne v. Cleveland's adm'rCourt of Appeals of Kentucky · 1866
- J. Christler's Ex'or v. MeddisCourt of Appeals of Kentucky · 1845
3Cited by9 opinions
- Igo v. IrvineCourt of Appeals of Kentucky · 1909
- Davison's Admr. v. Davison's Admrx.Court of Appeals of Kentucky · 1912
- Schlickman v. Citizens' Nat. BankCourt of Appeals of Kentucky · 1910
- Williams v. Williams' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
- Keel v. First Nat. Bank of PikevilleCourt of Appeals of Kentucky (pre-1976) · 1938
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