Brock v. Brock

• Decision Date: 01 March 1916
• Citation: 183 S.W. 213,168 Ky. 847
• Parties: BROCK ET AL. v. BROCK ET AL.
• Court: Kentucky Court of Appeals

183 S.W. 213

168 Ky. 847

BROCK ET AL. v. BROCK ET AL.

Court of Appeals of Kentucky.

March 1916

Appeal from Circuit Court, Scott County.

Action by Fannie C. Brock and others against Fannie Gladys Brock and another. From the judgment, plaintiffs appeal. Affirmed.

Robt. B. Franklin, Robt. C. Talbott, and Franklin & Talbott, all of Lexington, for appellants.

Harmon Stitt, of Paris, for appellees.

CLAY C.

B. F Dorsey, a resident of Scott county, died testate in the year 1878. The material portions of his will, which was duly probated by the Scott county court, are as follows:

"I Benedict Dorsey, of the county of Scott, state of Kentucky being of sound mind and knowing the uncertainty of life and wishing to leave my property to my wife and children in such manner that it cannot be spent by them or any one else, do make and constitute this my last will and testament in the manner and form following:

1. I commit my soul to God and my body to be decently buried in the Georgetown Cemetery, where my wife and children may also be buried.

2. I wish that all my just debts and funeral expenses be paid.

3. I will and bequeath to my son Benedict F. Dorsey and his children the farm on which my father Reason A. Dorsey deceased containing one hundred and eighty-four (184) acres or thereabouts; also the land on the east and north of the line of the land I own [here follows description].

To my daughter Fannie Cromwell Dorsey and children the balance of my farm containing one hundred and fifty (150) acres; also my farm on the west side of the dirt road known as the Franklin Otwell farm containing about one hundred and fifty or fifty-one (150) or (151) acres, the lands so willed to my daughter Fannie C. Dorsey or the rents or crops are not to be subjected to any debts made by her or her husband or children. In case there be a separation of my son B. F. Dorsey and his wife or my daughter Fannie C. Dorsey and her husband, the property of either my son or daughter shall not be subject to alimony by their wife or husband in the maintenance of their children without being under their control. The lands so devised to both my son and daughter shall be subject to the sum of three hundred dollars each per annum as the due of their mother, Mattie L. Dorsey, for her interest in the lands so willed to them; if either my son or daughter should fail to pay the said sum of three hundred dollars at any time, I hereby empower my wife to rent out so much of said land as will pay said amount per annum; the land rented of her son B. F. Dorsey is to be of the tract of one hundred and sixteen acres or thereabouts. If said tract rents for more money than will pay her, the balance to be paid over to her son B. F. Dorsey; the land rented of her daughter Fannie C. Dorsey is to be of the north side of the Frank Otwell farm and should there be more money than will pay the three hundred dollars, the balance to be paid to her daughter, Fannie C. Dorsey; the said sum of three hundred dollars in case my wife Mattie L. Dorsey should be my survivor until her death, unless she should survive her children or grandchildren. If either of my two children should die leaving no bodily issue to the share of said decedent, either son or daughter is to go to the one that is living and their children and my wife Mattie L. Dorsey is to have her three hundred dollars per annum as hereinafter stated and the same power to collect, and in case of the death of both leaving no children, then my wife Mattie L. Dorsey is to have the home farm containing two hundred and sixty-five acres and thirty-five acres off the Frank Otwell farm, making about three hundred acres, so long as she may live but to have the land devised to my son B. F. Dorsey one hundred and sixteen acres with enough added thereto to make one hundred and fifty acres to dispose of as she may wish, then the balance of lands to go to my nieces and nephews that are living and the children of those that are dead."

The testator was survived by his wife, Mattie L. Dorsey, and two children, Benedict F. Dorsey and Fannie C. Brock, formerly Fannie Dorsey. His son, Benedict F. Dorsey, who was never married, died about 27 years ago, leaving no children nor descendants. Mattie L. Dorsey, testator's widow, died in 1901. Fanny...