Taylor v. Dooley

MONTGOMERY, Judge.

This action was filed by Elizabeth D. Flynn Taylor and Lewis B. Flynn, Jr., against Edwin B. Dooley, seeking a declaration of their rights under the will of Asa Dooley, deceased. From an adverse judgment, appellants, plaintiffs below, have appealed.

The effect of the statute against perpetuities is to be determined.

Asa Dooley, the testator, owned a farm of some 2,400 acres in Clark County, Kentucky. He died in 1941, and was survived by Marian F. Dooley, his widow; Edwin B. Dooley, a son; and Elizabeth D. Flynn (later Taylor), a daughter. The daughter remarried after her…