Galloway v. Durham
Court of Appeals of Kentucky
Case 68 — Action by Susan Durham Against Sallie Galloway and Others for a Construction of the Will of George C. Brooks.— APPEAL FROM HART CIRCUIT COURT-SAMUEL E. JOtNES, CIRCUIT JUDGE.
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Case 68 — Action by Susan Durham Against Sallie Galloway and Others for a Construction of the Will of George C. Brooks.— APPEAL FROM HART CIRCUIT COURT-SAMUEL E. JOtNES, CIRCUIT JUDGE. JUDGMENT FOR ■ PLAINTIFF AND DEFENDANT APPEALS. . The seventh clause of testator’s will is as follows: “That all the balance of .my property, real, personal and mixed, go to my sister, Susan Brooks, and that she have the same, but should she die without issue and leave any of the property at her death, then in that event that my sister Sallie Galloway and her children have said property.” We insist that the…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURN AM
Affirming. '
This action was brought in the Hart circuit court for a construction of the seventh clause of the will of George 0. Brooks, which is as follows: “That all the balance of my property, real, personal and mixed, go to my . sister, Susan Brooks; and that she have same; but should she die without issue and leave any of the property at her death given her by this will, then in that event, my sister Sallie Galloway and her children have said property.” After the probation of the will Susan Brooks was married to J. R. Durham, and it is her…
2Cases cited1 opinion
- Clay v. ChenaultCourt of Appeals of Kentucky · 1900
3Cited by12 opinions
- Carroll v. HerringSupreme Court of North Carolina · 1920
- Trustees Presbyterian Church v. MizeCourt of Appeals of Kentucky · 1918
- Floor v. MitchellUtah Supreme Court · 1935
- Dorsey v. BryanCourt of Appeals of Kentucky · 1916
- Atlas Acceptance Corp. v. Pratt, Dist. JudgeUtah Supreme Court · 1935
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