Wedekind v. Hallenberg
Court of Appeals of Kentucky
Case 16 — PETITION EQUITY — APPEALS FROM LOUISVILLE LAW AND EQUITY COURT. 1. The intention of the testator, to be gathered from the entire will, must govern its construction. The law favors that construction of a devise which will cause the interest to vest, and not to be contingent.
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Case 16 — PETITION EQUITY — APPEALS FROM LOUISVILLE LAW AND EQUITY COURT. 1. The intention of the testator, to be gathered from the entire will, must govern its construction. The law favors that construction of a devise which will cause the interest to vest, and not to be contingent. (Williamson v. Williamson, 18, B. M., 374; Roberts v. Brinker, 4 Dana, 571; Grigsby v. Breckinridge, 12 B. M. 630.) 2. The word “heirs” is a word of limitation, describing the extent of the estate of the first taker. (Gen. Stat., chap. 63, sec. 7-10.) 1. The law favors that construction that will give a vested…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court. '
Ernest Wedekind made liis will in 1872, and died in August, 1873, unmarried and without issue. These appeals involve the right to the three thousand dollars named in the twelfth clause of his will, and which reads as follows:
“I give to my sister, Mrs. Diedrich Wedekind, the sum of five hundred dollars a year, and my executors, hereinafter named, are to pay the same to her annually until the first of July, 1882. If she dies before said first day of July, 1882, my executors, hereinafter named, are to pay said sum of five hundred dollars per annum…
2Cases cited1 opinion
- Roberts' Executors v. BrinkerCourt of Appeals of Kentucky · 1836
3Cited by5 opinions
- Patton v. LudingtonWisconsin Supreme Court · 1899
- Plummer v. RobertsSupreme Court of Missouri · 1926
- Sherley v. SherleyCourt of Appeals of Kentucky · 1921
- Dohn's Exr. v. DohnCourt of Appeals of Kentucky · 1901
- South v. MothersheadCourt of Appeals of Kentucky · 1917