Likefield v. Likefield
Court of Appeals of Kentucky
Case 94 — WILL CONSTRUCTION APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The will is conditional, and depended for its effect upon the testator’s. dying from home. 2. In all cases where there is either no preamble, and the close relation referred to exists between the conditional words and the words of devise, or there is both a preamble and an express condition in close-connection with the words,of devise, are cases of conditional wills.
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Case 94 — WILL CONSTRUCTION APPEAL FROM JEFFERSON COMMON PLEAS COURT. 1. The will is conditional, and depended for its effect upon the testator’s. dying from home. 2. In all cases where there is either no preamble, and the close relation referred to exists between the conditional words and the words of devise, or there is both a preamble and an express condition in close-connection with the words,of devise, are cases of conditional wills. (Maxwell v. Maxwell, 3 Met., 91; Dougherty v. Dougherty, 4 Met., 25; Bradford v. Bradford, Ky. L. R. & J., volume 1, number 4; 1 Jarman, Wills, 17,…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
A paper wholly written, by William A. Likefield,-and worded as follows, is in question as his last will by this appeal, after having been probated as such by the Jefferson County Court, and its j udgment sustained by the Jefferson Court of Common Pleas :
“Louisville, January 14, 1859.
“If any accident should happen to me that I die from home, my wife, Julia An Likefield, shall have every thing I possess, the house and lots and the money that is due to me, and for her to hold it as her own.
“WM. A. LIKEFIELD.”
He died at home on March 28, 1881, leaving…
2Cited by13 opinions
- In re Will of TinsleySupreme Court of Iowa · 1919
- Estate of TaylorCalifornia Court of Appeal · 1953
- American Trust & Safe Deposit Co. v. EckhardtIllinois Supreme Court · 1928
- Walker v. HibbardCourt of Appeals of Kentucky · 1919
- Barber v. BarberIllinois Supreme Court · 1938
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