Bryant's Adm'r v. Dungan
Court of Appeals of Kentucky
Case 113 — PETITION EQUITY APPEAL FROM PULASKI CIRCUIT COURT. As the support and care of Mrs. Bryant was a condition precedent to.the vesting of the estate, and that condition was never performed, the estate never vested. (Irvine v. Irvine, &c., 12 Ky. Law Rep., 827.) 1. Appellee took the interest he claims under the will upon a condition subsequent, the performance of which was not essential to the vesting of the estate.
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Case 113 — PETITION EQUITY APPEAL FROM PULASKI CIRCUIT COURT. As the support and care of Mrs. Bryant was a condition precedent to.the vesting of the estate, and that condition was never performed, the estate never vested. (Irvine v. Irvine, &c., 12 Ky. Law Rep., 827.) 1. Appellee took the interest he claims under the will upon a condition subsequent, the performance of which was not essential to the vesting of the estate. (Berry v. Headington, 3 J. J. Mar., 319; Myers v. Daviess, 10 B. M., 397; Kent, vol. 4. pp. 202-3.) 2. Even if appellee failed to perform the conditions of the will, though…
1Opinion of the Court
¿TÍTDGE BENNETT
delivered the opinion of the court.
■ ¥m. Bryant, in a codicil to his will, gave his wife one hundred acres of land to be taken from the homestead place. The appellee," his grandson, who was living with him, and whom he had raised, is provided for in the codicil as follows: “ The remainder of said farm to be
sold and divided as in my former will, except E. L. Dungan, who I will and divise the above one hundred acres of land willed to my wife, Sarah, to go to my grandson, E. L. Dungan, at the death of his grandma, Sarah Bryant, upon the condition that he stays with her and…
2Cited by7 opinions
- Low v. RamseyCourt of Appeals of Kentucky · 1909
- Boggess v. CrailCourt of Appeals of Kentucky (pre-1976) · 1928
- Grubbs v. GrubbsCourt of Appeals of Kentucky · 1921
- Hawkins v. HansenSupreme Court of Kansas · 1914
- Crutcher v. WolfeCourt of Appeals of Texas · 1925
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