Harrington v. Gibson
Court of Appeals of Kentucky
Case 108 — Action for Construction of a Deed and Settlement of the Estate of Plaintiff’s Intestate. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment Dismissing Cross Petition of Harrington and Others, AND THEY APPEAL.
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Case 108 — Action for Construction of a Deed and Settlement of the Estate of Plaintiff’s Intestate. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment Dismissing Cross Petition of Harrington and Others, AND THEY APPEAL. This appeal involves but one question, viz.: The construction and effect to be given an “Article of Agreement,” made in the year 1855 between John Eakins of the first part, anct his daughter, Martha I. Harrington, and her husband, Charles B. Harrington, of -the second part. At that time Mrs. Harrington had seven living children, all unmarried and infants. She died in 1899, and all…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
Martha I. Harrington died in March, 1899, leaving, surviving her, one daughter, Martha A. Gibson, and several grandchildren, the children of two deceased daughters. Mrs. Gibson claims that she took at her mother’s death the tract of land in controversy in this action to the ex-*754elusion of the grandchildren, under the deed by which the property was held. The grandchildren claim that they are entitled to the interest in the property which their mothers would have taken if living. The deed was made in the year 1855, and is as follows: “Article of…
2Cases cited3 opinions
- Crozier v. CundallCourt of Appeals of Kentucky · 1896
- Chenault's Guardian v. Chenault's ExecutorsCourt of Appeals of Kentucky · 1888
- Sloan v. ThorntonCourt of Appeals of Kentucky · 1897
3Cited by3 opinions
- Roy v. WestCourt of Appeals of Kentucky · 1922
- Tucker v. TuckerCourt of Appeals of Kentucky (pre-1976) · 1935
- Gordon v. CadwaladerCalifornia Supreme Court · 1912