Nelson v. Nelson's Exor.
Decision Date | 26 October 1910 |
Citation | 140 Ky. 410 |
Parties | Nelson, et al. v. Nelson's Exor. |
Court | Kentucky Court of Appeals |
Appeal from Marshall Circuit Court.
OLIVER & OLIVER, R. L. SHEMWELL, COY REEDER, H. D. COLLIE for appellants.
The question involved on this appeal is whether D. L. Nelson, the husband of Angelina Nelson, took a fee simple title to her property under her will, or whether he only took a life estate with the power of disposition during his life, the remainder vesting in her children. The will is as follows:
In construing the foregoing will, the circuit judge held that the husband took the devised property absolutely, and that at his death it passed to the executor under his will and not to the children of Angelina Nelson. The rule is now well settled in Kentucky, that, where property is devised absolutely, with the power of unlimited disposition, and by a subsequent part of the will the testator undertakes to devise over an undisposed remainder of the property, the limitation over is void. In the case of Becker, et al. v. Roth, et al., 132 Ky. 429, we fully considered this question, collecting and reviewing the authorities bearing upon it, and there announced the rule as stated above. But where a life estate only is devised, with power of disposition, then the limitation over of such part of the devised property as should remain undisposed of at the death of the life tenant is valid. The learned counsel for appellant are in error in citing the case of Commonwealth v. Stoll, 114 S. W. 279, as opposed to the principle herein enunciated. It is true, the court in its first opinion in that case laid down the rule as contended for...
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Shaver v. Weddington
... ... 234, 114 S.W. 279, 116 S.W. 687; Linder v ... Llewellyn, 190 Ky. 388, 227 S.W. 463; Nelson v ... Nelson's Executor, 140 Ky. 410, 131 S.W. 187; ... Young's Guardian v. Shaver's ... ...
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Wintuska v. Peart
... ... 132 Ky. 234, 114 S.W. 279, 116 S.W. 687; Becker v ... Roth, 132 Ky. 433, 115 S.W. 761; Nelson v ... Nelson, 140 Ky. 410, 131 S.W. 187; and of many others ... cited and relied upon by the ... ...
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Linder v. Llewellyn's Adm'r
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Linder v. Llewellyn's Admr.
...states. Barth v. Barth, etc., 18 R. 840, 38 S. W. 511; Dulaney, etc. v. Dulaney, etc., 25 R. 1659, 79 S. W. 195; Nelson, et al. v. Nelson's Exor., 140 Ky. 410, 121 S. W. 187; Plaggenborg, et al. v. Molendyk's Admr., 187 Ky. 509, 219 S. W. 438; Fernandez, et al. v. Martin, 189 Ky. 438, 225 S......