Patrick v. Patrick
Court of Appeals of Kentucky
CASE 39. — ACTION BETWEEN W. T. PATRICK AND OTHERS AND FANNIE PATRICK FOR THE CONSTRUCTION OF THE WILL OF R. E. PATRICK, DECEASED.— Appeal from Daviess Circuit Court.
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CASE 39. — ACTION BETWEEN W. T. PATRICK AND OTHERS AND FANNIE PATRICK FOR THE CONSTRUCTION OF THE WILL OF R. E. PATRICK, DECEASED.— Appeal from Daviess Circuit Court. T. P. Burkhead, Circuit Judge,. Prom the judgment plaintiffs appeal. ■SYNOPSIS. 1. A testator, having given a devise in fee clearly manifested' in the earlier clauses of the will, is not presumed to have intended, by words subsequently used, to cut down this devise by a life estate in another, unless the words used clearly indicate such intent. A devise in fee clearly manifested in the earlier clauses* of the will is not cut…
1Opinion of the Court
Opinion of the Court by
Judge Settle
Affirming.
R. E. Patrick died in Daviess county leaving a will which was duly admitted to probate. So much'of the will as it will be necessary to consider is as follows:
“(1) I will all my property, real, personal and mixed, to my son, W. T. Patrick, after paying all my debts and funeral expenses, provided he shall pay each one of my daughters, to-wit, Maggie Bishop, Cora Jesse, Mollie Ayers, Minnie Patrick, Fannie Patrick, Annie Patrick, Luvena Patrick, $100.00. If any of my said daughters shall be dead at my death, then the $100.00 shall be paid to her…
2Cited by17 opinions
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- Phelps v. Stoner's AdministratorCourt of Appeals of Kentucky · 1919
- Radford v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1919
- Watkins v. BennettCourt of Appeals of Kentucky · 1916
- Carroll v. Cave Hill Cemetery Co.Court of Appeals of Kentucky · 1916
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