Holt's Exr. v. Deshon
Court of Appeals of Kentucky
CASE 37. — ACTION BY CLEMANTINE DESHON AND OTHERS AGAINST JAMES A. HOLT’S EXR. AND TRUSTEE INVOLVING A CONSTRUCTION OF DECEDENT’S WILL. — Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for plaintiffs. Defendant appeals. — CLASSIFICATION OF POINTS AND AUTHORITIES. 1. Under the second codicil of the will of James A. Holt the conditions were really limitations.
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CASE 37. — ACTION BY CLEMANTINE DESHON AND OTHERS AGAINST JAMES A. HOLT’S EXR. AND TRUSTEE INVOLVING A CONSTRUCTION OF DECEDENT’S WILL. — Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for plaintiffs. Defendant appeals. — CLASSIFICATION OF POINTS AND AUTHORITIES. 1. Under the second codicil of the will of James A. Holt the conditions were really limitations. “Where there is a devise upon a condition, and the estate is devised over to a stranger upon the breach or non-performance of the condition, that condition is usually construed to be a limitation.” (Chan.…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Reversing.
The will of James A. Holt contains, among other things, these provisions: “I give, devise,- and bequeath to my two cousins, Clara Clark and Clementine Deshon, my farm in Franklin county, State of Kentucky, a description of which is on record in Deed Book No. 16, page. 237, etc., of the records of the said Franklin county (in the city of Frankfort), together with all the furniture in my house, except such as I may retain for my owu use, stock and farming implements, including all the personal property on said farm, said farm containing about seven…
2Cited by4 opinions
- Gray v. GrayCourt of Appeals of Kentucky (pre-1976) · 1945
- Shelby v. ShelbyCourt of Appeals of Kentucky · 1921
- Gray v. GrayCourt of Appeals of Kentucky · 1945
- Whedon's v. Belknap's TrusteeCourt of Appeals of Kentucky · 1917