Hughes v. Hughes
Court of Appeals of Kentucky
Case 95 — Proceeding between Wittie E. Hughes and others, and Edward Hughes, Trustee, and Executor and others, eob Construction of a Devise. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY • DIVISION, NO. 1-SHACKELFORD MILLER, judge. From the Judgment, Edward Hughes and others Appeal.
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Case 95 — Proceeding between Wittie E. Hughes and others, and Edward Hughes, Trustee, and Executor and others, eob Construction of a Devise. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY • DIVISION, NO. 1-SHACKELFORD MILLER, judge. From the Judgment, Edward Hughes and others Appeal. POINTS' AND AUTHORITIES. 1. It is obvious from the language of the will that the testator desired a per capita distribution among the children of Barney and James Hughes, and the authorities are equally clear thaU the court should so hold. Brown’s Exor’s v. Brown’s Devisees,, 6 Bush, 548; Purnell v. Culbertson, 12…
1Opinion of the Court
Opinion of the court by Chief
Justice'BURN AM
Reversing.
We are asked ’to decide upon this appeal whether the nephews and nieces of Edward Hughes take per capita or per stirpes under the seventh clause of his will, which reads as follows::
*753“Being in good health, sound mind and of a disposing disposition, I make this my last will and bequest.
“First. I desire that all my just debts and funeral expenses shall be paid and that a suitable monument be erected over me to cost not less than fifteen hundred dollars.
“Second, I give to Mrs. Elizabeth Jenkins three Louisville Railway 5 per cent, bonds, par…
2Cases cited4 opinions
- McIntire v. McIntireSupreme Court of the United States · 1904
- McFatridge v. HoltzclawCourt of Appeals of Kentucky · 1893
- Purnell v. CulbertsonCourt of Appeals of Kentucky · 1876
- Fields v. FieldsCourt of Appeals of Kentucky · 1893
3Cited by11 opinions
- Kalbach v. ClarkSupreme Court of Iowa · 1907
- Prather v. Watson'sCourt of Appeals of Kentucky · 1920
- Rogers v. BurressCourt of Appeals of Kentucky · 1923
- Armstrong v. Crutchfield's Exors.Court of Appeals of Kentucky · 1912
- Fischer v. LangeCourt of Appeals of Kentucky · 1921
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