Dohn's Exr. v. Dohn
Court of Appeals of Kentucky
Case 106 — Action for a Construction of the Will of Andrew Dohn, Deceased — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment Construing the Will and Plaintiff'Appeals. POINTS AND AUTHORITIES. 1. A provision for maintenance in a will is personal to the legatee- and does not survive to its personal representative. Jarman on. Wills (5 Am.
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Case 106 — Action for a Construction of the Will of Andrew Dohn, Deceased — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment Construing the Will and Plaintiff'Appeals. POINTS AND AUTHORITIES. 1. A provision for maintenance in a will is personal to the legatee- and does not survive to its personal representative. Jarman on. Wills (5 Am. Ed.), vol. 2, pp. 463, 464, 462. 2. Where the only provision in a will devising an estate provides the time when the estate devised is to be enjoyed, and contemplates the contingency of death before enjoyment, and provides who shall take in such…
1Opinion of the Court
*892Opinion op the court by
JUDGE DuRELLE
Reversing.
In October, 1898, Andrew Dolm died, leaving a widow, son, and three daughters. In December, 1899, the son, Frank Dohn, died without issue, but leaving a widow. Rebecca Dohn, one of the children of Andrew Dohn, is an infant ab'out the age of 6 years; and, .after the death of Frank Dohn, the appellant, as executor and trustee under the will, and as guardian of Rebecca, instituted this suit for the construction of clause 5 of the will of Andrew Dohn, and subsequently pleadings were filed by parties in interest .asking a construction of the entire…
2Cases cited10 opinions
- Robb v. BeltCourt of Appeals of Kentucky · 1851
- Morris v. BollesSupreme Court of Connecticut · 1894
- Williams v. WilliamsCourt of Appeals of Kentucky · 1891
- Briscoe's Devisees v. WickliffeCourt of Appeals of Kentucky · 1838
- Roberts' Executors v. BrinkerCourt of Appeals of Kentucky · 1836
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Carroll v. Carroll's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1933
- Clement v. FergusonSupreme Court of Oklahoma · 1955
- Roy v. WestCourt of Appeals of Kentucky · 1922
- Hignett v. ShermanSupreme Court of Colorado · 1924
- Norton v. MorenCourt of Appeals of Kentucky · 1924
8 more not listed; retrieve them via the Exa API.