Legal Opinion

Newton v. Southern Baptist Theological Seminary

Court of Appeals of Kentucky

Decided April 15, 1903PublishedCited by 7 opinions

Case 49 — Action by Ben Newton and Others against the Southern Baptist Theological Seminary, &c., Involving the Construction of the Will of William Newton. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal.

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Case 49 — Action by Ben Newton and Others against the Southern Baptist Theological Seminary, &c., Involving the Construction of the Will of William Newton. APPEAL FROM DAVIESS CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal. The fourth clause of the will of William Newton is as follows: “The 120 acres of land occupied by Mrs. Lucinda Newton, widow of my son, Slaughter Newton, I will to my daughter, ■Mary, if she should live longer than said Lucinda, but if said Lucinda is the longest liver, then I will that at her death said land shall he sold and the proceeds paid to the Baptist…

1Opinion of the Court

Opinión of the coubít by

JUDGE PAYNTER —

Affirming.

This appeal involves the construction of the fourth clause of the will of William Newton. It reads as follows: “The one hundred and twenty acres of land occupied by Mrs. Lucinda Newton, widow of my son, Slaughter Newton, I will to my daughter, Mary, if she should live longer than, said Lucinda Newton; but if said Lucinda is the longest liver then I will that at her death said land shall be sold and the proceeds paid to the Baptist Male School about to open in Owensboro under Professor Gray.” The testator had two children — a son, Slaughter, who…

2Cases cited4 opinions

  1. Louisville & Nashville Railroad v. CopasCourt of Appeals of Kentucky · 1894
  2. Coots v. YewellCourt of Appeals of Kentucky · 1894
  3. Leppes v. LeeCourt of Appeals of Kentucky · 1891
  4. Herbert's Guardian v. Herbert's Ex'rCourt of Appeals of Kentucky · 1887

3Cited by7 opinions

  1. Slack v. DowningCourt of Appeals of Kentucky (pre-1976) · 1930
  2. Fox v. FaulknerCourt of Appeals of Kentucky (pre-1976) · 1927
  3. Barnes v. JohnsCourt of Appeals of Kentucky (pre-1976) · 1935
  4. Lally v. Lally's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1934
  5. Bradshaw v. WaggenerCourt of Appeals of Kentucky (pre-1976) · 1935

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