Craig v. Wilcox's Ex'r

• Decision Date: 30 March 1893
• Citation: 22 S.W. 76,94 Ky. 484
• Parties: CRAIG v. WILCOX'S EX'R.
• Court: Kentucky Court of Appeals

22 S.W. 76

94 Ky. 484

CRAIG v. WILCOX'S EX'R.

Court of Appeals of Kentucky.

March 30, 1893

Appeal from chancery court, Kenton county.

Land belonging to the estate of Jesse Wilcox was ordered sold in an action brought by his executor against certain of the beneficiaries thereunder. A. J. Craig, a purchaser under such sale, resisted the confirmation thereof on the ground of irregularities in the proceedings, and from a judgment of confirmation he appeals. Affirmed.

Orlando P. Schmidt, for appellant.

James W. Bryan, for appellee.

HAZELRIGG J.

Jesse Wilcox, by his will, duly probated in the Kenton county court, provided for the payment of his debts, etc., out of that portion of his estate that is thereinafter placed under the control of his executors, and the survivor or survivors of them, and which was not specially bequeathed to others. He confers on them and the survivor of them all other power and authority which he could give or confer in the premises, and all the power and authority which they needed in order to carry into full effect and execution all and singular the provisions and purposes of his will, including the power to rebuild, in case of damage or destruction by fire or otherwise, etc. He instructed his executors to pay his widowed sister $200 annually during her lifetime. After providing for the payment of other specific sums to his nephews and nieces, he gave to his only daughter Jesse, then a minor, a life interest in the remainder of his estate of every kind and description, to have, hold, and enjoy the income of the same during her natural life. If she married, and was blessed with children, they were to enjoy the same with her. After the death of the daughter, then her children, if any, were to have the benefit and full enjoyment of the said life interest, in equal proportions, until the youngest shall have reached its majority, when the entire property was to be divided among the surviving children. In the event of his child's death without issue, or without issue attaining the age of 20 years, then the judge of the circuit court where the home of his daughter was in her lifetime was to appoint a suitable agent or commissioner to sell the property and effects remaining, and pay the proceeds into court, less costs, and one half the same was to be given the New Jerusalem Printing & Publishing Society, located in the city of New York, and the other half to his nephew and nieces, named theretofore, the latter to take life estates with remainder to their children. Crawford, one of the appellees, alone of the two executors appointed in the will qualified. He took charge of the property, and since 1875 has contracted and managed it in pursuance of the provisions of the will. Finding the real estate in Covington unproductive the houses becoming dilapidated and in need of expensive repairs, he brought this action in November, 1891, in conjunction with the daughter, Jesse Wilcox-Wilson, (she having married,) and her husband, also Mildred Wilson, a minor, the child of Jesse Wilcox-Wilson, who sued by her next friend, W. A. Crawford, and the nephew and nieces named as contingent remainder-men in the will of the testator, as plaintiffs, against the New Church Board of Publication, alias the New Jerusalem Printing & Publishing Society of New York, as defendant, setting up the provisions of the will, the unproductiveness of the realty under his control, and...