Cornwall v. Hill
Court of Appeals of Kentucky
CASE 77. — ACTION BETWEEN WILLIAM CORNWALL, JK„ AND ANOTHER, AND SALLY W. C. HILL AND ANOTHER FOR THE CONSTRUCTION OF A WILL. Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge. From the judgment William Cornwall, Jr., and another appeal.
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CASE 77. — ACTION BETWEEN WILLIAM CORNWALL, JK„ AND ANOTHER, AND SALLY W. C. HILL AND ANOTHER FOR THE CONSTRUCTION OF A WILL. Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Shackelford Miller, Judge. From the judgment William Cornwall, Jr., and another appeal. The following rules of law with reference to the construction of wills may be aidful: 1. The presumption that the testator intended to make an equal distribution of his estate among his children and the construction which will produce equality- is to be preferred ove'fone which will produce inequality. 2.…
1Opinion of the Court
Opinion op the C ourt by
Judge Hobson
Reversing.
William Cornwall, Sr., died testate, a resident of Jefferson county in March, 1895, leaving three children surviving him, two sons and a daughter. His will was duly admitted to probate, and this controversy has arisen between his children as to its construction, the two sons insisting that the estate is left to the three children equally, and the daughter that one-third of the property known as the “factory of Cornwall & Bro.” goes to her in addition to one-third of the estate. The will, after a clause appointing the two sons as executors without…
2Cited by3 opinions
- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
- Biggs v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky (pre-1976) · 1938
- Underwood v. UnderwoodCourt of Appeals of Kentucky (pre-1976) · 1938