Cooper v. Cooper

PALMORE, Judge.

This suit was brought for the purpose of clarifying and determining the title to three contiguous vacant lots in the City of Harrodsburg and effecting a sale of the property pursuant to an option agreement. The principal question on appeal is whether an executory devise under the will of Isaac Pearson, as construed by a judgment of the Mercer Circuit Court entered in 1936, requires the application of KRS 389.030 with respect to one of the three lots. The chancellor held that it does.

Isaac Pearson died in 1905. The testamentary language directly concerned is as follows:

“I will…