Allan v. Vanmeter's Devisees
Court of Appeals of Kentucky
CASE 47 — PETITION EQUITY AKPEAL PROM CLAR.KE CIRCUIT COURT. The facts appear in the opinion of the court. Argued: that the grand-children of Isaac Cunningham, under his will, took vested interests in his estate, and that the shares of the devisees who died before they were twenty-one years of age, descended to their father, Isaac Vanmeter. The residuary clauses contained in the will of Vanmeter do not embrace those interests, which passed by descent to his heirs-at-law.
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CASE 47 — PETITION EQUITY AKPEAL PROM CLAR.KE CIRCUIT COURT. The facts appear in the opinion of the court. Argued: that the grand-children of Isaac Cunningham, under his will, took vested interests in his estate, and that the shares of the devisees who died before they were twenty-one years of age, descended to their father, Isaac Vanmeter. The residuary clauses contained in the will of Vanmeter do not embrace those interests, which passed by descent to his heirs-at-law. Authorities cited: Grigsby, &c., vs. Breckinridge, &c., 12 B. Mon., 629; Danforth vs. Talbott's adm'r, 7 B. Mon., 623; 1…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
By the will of Isaac Cunningham, dated the 28th July, 1842, and admitted to record in November of the same year, the testator devised to his wife, during her life, four hundred acres o f land, and numerous slaves.
To his two grand-sons, Solomon and Isaac C. Vanmeter, he devised “ the four hundred and five acres of land I own in Fay-ette county, originally bought of Pain and Taylor. I have also given them four negro boys, Anderson to Solomon, and Anthony to Isaac C. Vanmeter; the small boys, Josh and Caesar, I leave them to divide between…
2Cases cited3 opinions
- Briscoe's Devisees v. WickliffeCourt of Appeals of Kentucky · 1838
- Danforth v. Talbot's AdministratorCourt of Appeals of Kentucky · 1847
- Grigsby v. BreckinridgeCourt of Appeals of Kentucky · 1851
3Cited by57 opinions
- Parrot v. Mexican Central Railway Co.Massachusetts Supreme Judicial Court · 1911
- Burrows v. PurpleMassachusetts Supreme Judicial Court · 1871
- Coddington v. . StoneSupreme Court of North Carolina · 1940
- Massachusetts Mutual Life Insurance v. GreenMassachusetts Supreme Judicial Court · 1904
- Kelley v. KelleyMassachusetts Supreme Judicial Court · 1894
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