Webb v. Trustees of First Baptist Church
Court of Appeals of Kentucky
Case 17 — PETITION EQUITY APPEAL PROM FAYETTE CIRCUIT COURT. 1. Although the estate of appellant’s wife was a defeasible fee, he was, by virtue of having had living issue by her, entitled to a life estate as tenant by the curtesy. (1 Jann. on Wills (Perkins’ed.), side page 792; 2 Jann. on Wills (Randolph & Talcott’s ed.), side page 878; 2 Redf. on Wills, chap. 414, p.
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Case 17 — PETITION EQUITY APPEAL PROM FAYETTE CIRCUIT COURT. 1. Although the estate of appellant’s wife was a defeasible fee, he was, by virtue of having had living issue by her, entitled to a life estate as tenant by the curtesy. (1 Jann. on Wills (Perkins’ed.), side page 792; 2 Jann. on Wills (Randolph & Talcott’s ed.), side page 878; 2 Redf. on Wills, chap. 414, p. G53; Northcott v. Whipps, 12 B. M., 71-76.) 2. The amended petition presented a different cause of action from that set forth in the original petition, and it was error to permit it to be filed, and to grant the relief it asked.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
London Ferrell willed to Elizabeth Jackson certain real estate situated in the city of Lexington, and to Eleazer Jackson certain other real estate situated in .said city. The said estate was devised to each devisee in fee, but the same was subject to the defeasance that if either devisee should die, before or after the death of the devisor, without leaving lawful issue, or the descendants of such issue, the estate devised to such devisee should go to the other devisee, and if both .should die, before or after the death of the devisor, without…
2Cited by4 opinions
- Rice v. RiceCourt of Appeals of Kentucky · 1909
- Carter v. CouchSupreme Court of Alabama · 1908
- Cooper's Admr. v. ClarkeCourt of Appeals of Kentucky · 1921
- Phoenix & Third National Bank v. CassellCourt of Appeals of Kentucky · 1920