Legal Opinion

Crozier v. Cundall

Court of Appeals of Kentucky

Decided April 29, 1896PublishedCited by 17 opinions

Case 36 — PETITION EQUITY APPEAL PROM GARRARD CIRCUIT COURT. 1. There is no repugnance in the two clauses of the will, and -iif th-ere was, the last sectro-n must control.

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Case 36 — PETITION EQUITY APPEAL PROM GARRARD CIRCUIT COURT. 1. There is no repugnance in the two clauses of the will, and -iif th-ere was, the last sectro-n must control. (Powell on Devises, vol. 1, p. 3; Parson on Wills, p. 33; Bouvier’s Law Die., ¡title, Will-s; Jar-man on Wills, vol. 1, star p. 472; Hunt v. Johnson, 10 B. M., 352; Howard v. Howard, 4 Bush, 497.) 2. It is plain that the wil-1, construed as a whole, conferred upon tw-o maiden daughters a defeasible fee, which could become absolute only when these -or one of the-m died leaving children. (Hughes v. Hughes, 12 B. -M„ 115;…

1Opinion of the Court

JUDGE LANDES

delivered Tire opinion of the court.

This case is before us by appeal from a judgment of the Garrard Circuit Court, construing certain clauses of the last will of Abner Baker, deceased, who, being domiciled in Garrard county, died in 1861. His will was executed on the 6th day of October, 1856, and after his death his will was duly probated and admitted to record in said county. He was the father of thirteen children, ten of whom survived him, three having died before his will was made, each leaving children, of whom there were five altogether. All of his children, prior to the…

2Cases cited7 opinions

  1. Birney v. RichardsonCourt of Appeals of Kentucky · 1837
  2. Wills v. WillsCourt of Appeals of Kentucky · 1887
  3. Thackston v. WatsonCourt of Appeals of Kentucky · 1886
  4. Moran v. DillehayCourt of Appeals of Kentucky · 1871
  5. Bayless v. PrescottCourt of Appeals of Kentucky · 1881

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3Cited by17 opinions

  1. Harvey v. BellCourt of Appeals of Kentucky · 1904
  2. Carroll v. Carroll's Ex'rCourt of Appeals of Kentucky (pre-1976) · 1933
  3. Roy v. WestCourt of Appeals of Kentucky · 1922
  4. Morton's Gd'n v. MortonCourt of Appeals of Kentucky · 1905
  5. Lea v. LeaTennessee Supreme Court · 1921

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