Riner v. Renfro

• Decision Date: 24 October 1907
• Citation: 104 S.W. 951
• Parties: RINER ET AL. v. RENFRO ET AL.
• Court: Kentucky Court of Appeals

104 S.W. 951

RINER ET AL. v. RENFRO ET AL.

Court of Appeals of Kentucky.

October 24, 1907

Appeal from Circuit Court, Henry County.

"Not to be officially reported."

Action between J. T. Riner and others and C.J. Renfro and others for the construction of the will of John Hornback, deceased. From a judgment construing the will, Riner and others appeal. Affirmed.

Robert Harding, for appellants.

Moody &amp Barbour and J. Harding, for appellees.

NUNN J.

This appeal involves the construction of certain provisions of the will of John Hornback, for the purpose of ascertaining what title appellees have in and to a certain house and lot in Pleasureville, Ky. The will, in so far as it pertains to the house and lot, is as follows:

"(2) I also give and devise to my wife [Eliza Hornback] one-third of the house and lot now occupied by my daughter in Pleasureville, Ky. to have and to hold during her natural life. * * *

(3) I give and devise to my daughter, Mary M. Renfro, the house and lot in Pleasureville, now occupied by her (subject to the life estate of my wife in one-third of the Pleasureville property as hereinbefore expressed), to he held and owned by my daughter during her natural life, and at her death to go to her children or such of them as are living, and to the children of those who are dead, if any they inheriting what their father or mother would have inherited had they lived."

"(6) Should any of my daughter's children die without leaving children, then his or her portion of the real estate herein devised shall go to the surviving children."

It appears from the record that Eliza Hornback, wife of John Hornback, and Mary M. Renfro, the daughter of John Hornback, both died several years ago; that Mary M. Renfro left surviving her husband, C.J. Renfro, and two children, Curtis Renfro and Mattie Renfro Scott, appellees herein. These two children are all the children that Mary Renfro ever had. Curtis Renfro has never married, however. Mattie Renfro has married, and has one infant child over 14 years of age. The only question in this case is: What title did Curtis Renfro and Mattie Renfro Scott, the only children of Mary M. Renfro, take under the will of John Hornback?

Under clauses 2 and 3 of the will the widow, Eliza Hornback, took a life estate in one-third of the house and lot, and the daughter, Mary M. Renfro, took a life estate in the whole subject, however, to the life estate of...