Legal Opinion

Combs' Devisees v. Branch

Court of Appeals of Kentucky

Decided October 29, 1836PublishedCited by 6 opinions

Covenant-. From the Circuit Court eor Henry County. Devises of land are construed according to the common law: legacies of personalty according to the civil law. bequest "of pereonaUy, to be diveral,a™anfuture period, no interest vests in the legatees until the dj™selon takesWhere there is a where land is devised to several devisees, to be divided at a future period (as‘ ofage)San Eter¡‘h?dland Vests in the devisees^at the death p ,. Rent is an incident to the reversion; and…

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Covenant-. From the Circuit Court eor Henry County. Devises of land are construed according to the common law: legacies of personalty according to the civil law. bequest "of pereonaUy, to be diveral,a™anfuture period, no interest vests in the legatees until the dj™selon takesWhere there is a where land is devised to several devisees, to be divided at a future period (as‘ ofage)San Eter¡‘h?dland Vests in the devisees^at the death p ,. Rent is an incident to the reversion; and where land devised, is subject to a lease, the rents accrued after the testator’s death (unless the will shows a…

1Opinion of the CourtChief Justice Robertson

Thomas Combs having leased to Henry Branch, for a term of four years, upon annual rents, a tract of land of which he was seized in fee, died during the term, leaving a will, in which he directed that the land should be equally divided among his children, at the expiration of the term, and when his son Isham should become twenty-one years old, and in the mean time, rented out for the benefit of the devisees when Isham should attain twenty-one years of a(Te# ' ' ° *.1117.1 After the testators death, the devisees brought- an action in their own names, on the covenant, for one year’s rent; and,…

2Cited by6 opinions

  1. McIntire's Administrator v. BondCourt of Appeals of Kentucky (pre-1976) · 1929
  2. Ball v. First National BankCourt of Appeals of Kentucky · 1882
  3. Willett's Adm'r v. Rutter's Adm'rCourt of Appeals of Kentucky · 1886
  4. Kelly's Ex'or v. PettusCourt of Appeals of Kentucky · 1911
  5. Eastwood v. SiskCourt of Appeals of Kentucky · 1907

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