Willett's Adm'r v. Rutter's Adm'r
Court of Appeals of Kentucky
■ Case 46 — PETITION EQUITY APPEAL FROM HARRISON CHANCERY COURT. 1. The testator gave to his daughter and granddaughter each a life estate in all the property, both real and personal, devised to them, and having each a life estate, each was entitled to the rents, issues and profits of her share. (Pattie v. Hall, 2 B. M., 461; Hooker v. Gentry, 3 Met., 467.) 2. Postponing the time when the slaves and money were to be divided did not fix the time when the estate was to vest.
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■ Case 46 — PETITION EQUITY APPEAL FROM HARRISON CHANCERY COURT. 1. The testator gave to his daughter and granddaughter each a life estate in all the property, both real and personal, devised to them, and having each a life estate, each was entitled to the rents, issues and profits of her share. (Pattie v. Hall, 2 B. M., 461; Hooker v. Gentry, 3 Met., 467.) 2. Postponing the time when the slaves and money were to be divided did not fix the time when the estate was to vest. The life estate in the slaves and money vested when the will was probated, just as it did in the land. 1. The 6th clause…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The controversy on this appeal from the Harrison Chancery Court involves the construction of the sixth clause of Alex. Rutter’s will, which is as follows, to-wit:
*319“ If, at my death, there shall be any surplus stock or personal property, or any cash or cash notes on hands, it is my will and desire that the stock and personal property may be sold, the money collected .and loaned out during the life of my wife, and at her death I desire that it may be--divided between my said daughter and granddaughter.”
Yiewing this clause in the- light of its own…
2Cases cited4 opinions
- Hocker v. GentryCourt of Appeals of Kentucky · 1861
- Briscoe's Devisees v. WickliffeCourt of Appeals of Kentucky · 1838
- Combs' Devisees v. BranchCourt of Appeals of Kentucky · 1836
- Roberts' Executors v. BrinkerCourt of Appeals of Kentucky · 1836
3Cited by6 opinions
- First and American National Bank v. HigginsSupreme Court of Minnesota · 1940
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Dohn's Exr. v. DohnCourt of Appeals of Kentucky · 1901
- Skiles v. Bowling Green Trust Co.Court of Appeals of Kentucky (pre-1976) · 1943
- Owen v. EatonMissouri Court of Appeals · 1894
1 more not listed; retrieve them via the Exa API.