Cessna v. Cessna's Adm'r

• Decision Date: 03 February 1868
• Citation: 67 Ky. 516
• Parties: Cessna, & c., v. Cessna's adm'r, & c.
• Court: Kentucky Court of Appeals

67 Ky. 516

Cessna, & c., v. Cessna's adm'r, & c.

Court of Appeals of Kentucky.

February 3, 1868

1. Vendor, by a writing for a valuable consideration, bound himself to convey a tract of land to the vendee " and his lawful children. " At the date of the writing the vendee had three children, and after that time three more were born to him. The six children are entitled to six sevenths of the tract of land.

2. " CHILDREN," when inserted in a conveyance, or a bond for a conveyance, of land, is a word of purchase and not of limitation, and by its insertion in the bond to their father, as there were children then in being, they were parties vendees, just as much as if they had been specially named; and as children were born to him, after the date of the bond, the estate would open up to them, and such after-born children would take their respective shares.

APPEAL FROM LARUE CIRCUIT COURT.

M. H COFER, For Appellants.

W. B READ, For Appellees,

CITED--

2 Duvall, 547; True vs. Nicholas.

2 Metcalfe, 341; Johnson vs. Johnson.

14 B. Mon., 570-71.

OPINION

PETERS JUDGE.

William Cessna, in consideration--partly for love and affection--for nine hundred and thirty-three dollars and thirty-two cents and for board and care, covenanted with his son, W. W Cessna, to convey to him " and his lawful children " a certain tract or parcel of land, described in a writing evidencing the contract.

At the date of the writing W. W. Cessna had three children, and after that time three more were born to him. He and his father both died without any conveyance having been made for the land described in said covenant; and this is a controversy between the children of said W. W. Cessna and his widow and creditors, whether the children are entitled to any part of the land under said contract.

The court below adjudged to the children the one half of said land, and that the other half was liable to the payment of the debts of W. W. Cessna, subject to his widow's dower. From that judgment the children of W. W. Cessna have appealed, and his creditors and widow prosecute a cross-appeal.

Appellants insist that they are entitled, as joint purchasers, to six sevenths of the land, while cross-appellants contend that the words " lawful children " are synonymous with the words " heirs of the body, " " heirs lawfully begotten of the body, & c., " which have been repeatedly construed by this court as appropriate words of...