Roberts' Executors v. Brinker
Court of Appeals of Kentucky
Agreed case. From the Circuit Court for Fayette County. A will, by which the testator gives his estate to his wife, and children &c. contains the following clause: “it is my will that my ex’oi'3 retain in their hands one equal share of my estate, which they are directed to give in equal portions to my three grand children (naming them) equally, when they marry or come of age; & my ex’ors are not to be charged with interest on that portion willed to [them] until after they…
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Agreed case. From the Circuit Court for Fayette County. A will, by which the testator gives his estate to his wife, and children &c. contains the following clause: “it is my will that my ex’oi'3 retain in their hands one equal share of my estate, which they are directed to give in equal portions to my three grand children (naming them) equally, when they marry or come of age; & my ex’ors are not to be charged with interest on that portion willed to [them] until after they many or come of age.” Held, that, the interest of these legatees was not contingent, but vested at the death of the…
1Opinion of the CourtChief Justice Robertson
delivered the 0¡ inion of the Court.
The last will of Thomas Roberts, deceased—in which ho devised a portion of his estate, real and personal, to Hs wife during her life—directed, that the residue should lie sold by his executors, and divided among his ten children, or their representatives, so as to make their portions equal, after charging each with what liad been advanced to them in his lifetime; and also, to sell and, in the like manner, divide, after his wife’s death, the estate devised to her; and then declared, as to the children of one of his daughters, Mary Brinker, as follows:—
“ It…
2Cited by6 opinions
- Cropley v. CooperSupreme Court of the United States · 1874
- Atchison v. FrancisSupreme Court of Iowa · 1917
- Dohn's Exr. v. DohnCourt of Appeals of Kentucky · 1901
- Willett's Adm'r v. Rutter's Adm'rCourt of Appeals of Kentucky · 1886
- Wedekind v. HallenbergCourt of Appeals of Kentucky · 1889
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