Legal Opinion

Trustees Church Home v. Morris

Court of Appeals of Kentucky

Decided May 29, 1896PublishedCited by 19 opinions

Case 55 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The renunciation of the will by the widow had the effect 'to precipitate the maturity of the legacies. (Peynado' v. Peynado, 82 Ky., 5; Wood v. Wood, 1 Met., 512; Curling v. Curling, 8 Dana, 38; Revised Statutes, chapter on Wills, p. 696; Gen. Stats., chap. 50, Art. 2, Sec. 2; Timberlake v. Parrish, 5 Dana, 345; Story’s Eq. Jurisprudence secs. 1082, 3-4; Pomeroy’s Eq.

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Case 55 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. 1. The renunciation of the will by the widow had the effect 'to precipitate the maturity of the legacies. (Peynado' v. Peynado, 82 Ky., 5; Wood v. Wood, 1 Met., 512; Curling v. Curling, 8 Dana, 38; Revised Statutes, chapter on Wills, p. 696; Gen. Stats., chap. 50, Art. 2, Sec. 2; Timberlake v. Parrish, 5 Dana, 345; Story’s Eq. Jurisprudence secs. 1082, 3-4; Pomeroy’s Eq. Jurisprudence, Vol. 1, secs. 468, 676 and 517; Firth v. Denny, 2 Allen (Mass.), 468; Jones v. Knappen, 22 Atl. Rep., 630; In re Ferguson’s…

1Opinion of the Court

JUDGE HAZELRIGG

delivered the opinion oe the court.

By the will of John P. Morton the net income of his entire estate was to go to his wife so long as she lived. Upon her death the estate was to be distributed as follows: (Item 4.) To J. H. Morton Morris, $5,000; Ellen M. Goodloe, $3,000; Mary Belle Griswold, $1,000; Morton Morris, Jr., $1,00'' Morton Griswold, $1,000, and Margaret M. Becker, $500.

Then follows a clause giving to the appellant, a charitable institution in Louisville, the sum of $40,000. In a succeeding clause the sum of $10,000 is set apart for the construction of buildings on…

2Cited by19 opinions

  1. Shannon v. EnoSupreme Court of Connecticut · 1935
  2. Superior Oil Corporation v. AlcornCourt of Appeals of Kentucky (pre-1976) · 1930
  3. Ruh's Executors v. RuhCourt of Appeals of Kentucky (pre-1976) · 1937
  4. Breckinridge v. Breckinridge's Ex'rsCourt of Appeals of Kentucky (pre-1976) · 1936
  5. In re the Estate of CastleHawaii Supreme Court · 1919

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