Rothenburger v. Peugnet

• Decision Date: 19 February 1902
• Parties: ROTHENBURGER v. PEUGNET. [1]
• Court: Kentucky Court of Appeals

66 S.W. 717

ROTHENBURGER v. PEUGNET. ^[1]

Court of Appeals of Kentucky.

February 19, 1902

Appeal from circuit court, Jefferson county, law and equity division.

"Not to be officially reported."

Action between C. E. Rothenburger and E. Peugnet. From the judgment Rothenburger appeals. Affirmed.

David S. Levy, for appellant.

M. A D. A. & J. G. Sachs, for appellee.

PAYNTER J.

On the 18th of October, 1851, Benjamin F. Cawthon and Kate Cawthon conveyed to John R. Thompson a certain lot in Louisville, Ky situated at the corner of Third and Campbell streets, in trust as follows: "(1) In trust for the use and benefit and behoof of Anna Abagail Thompson for and during her natural life. (2) In trust for the use, the benefit, and behoof of Ellen Louisa Thompson, daughter of said Anna Abagail, and such other heirs of the body of the said Anna Abagail as may be begotten by the party of the second part and to their heirs forever. (3) Should the said Ellen Louisa and the other heirs (if any) begotten as aforesaid of the said Anna Abagail die without issue, then in trust for the use, benefit, and behoof of John R. Thompson, Jr., and to his heirs, forever. (4) Should the said Anna Abagail survive the said Ellen Louisa and the heirs (if any) of her the said Abagail begotten as aforesaid, then the party of the second part shall hold the property herein conveyed in trust for John R. Thompson, Jr., and for his heirs, forever. (5) Should the said Anna Abagail, survive the said John R. Thompson, Jr., and his heirs and the heirs of her body begotten as aforesaid, then the estate herein conveyed shall at her death vest in the party of the second part, and his heirs, forever, as a good and indefeasible estate in fee simple." Anna Abagail Thompson, mentioned in the deed, took a life estate in the property. She had but one child, Ellen Louisa Thompson. Whatever rights which passed under the second clause of the deed went to her daughter. Anna Abagail survived her daughter, but she left children surviving her. It will be observed under the third clause of the deed that John R. Thompson, Jr., was not to take any interest in the property if Ellen Louisa or any other heirs of the body of Anna Abagail died with issue. As Ellen Louisa left issue, John R. Thompson, Jr., did not take an interest under the third clause of the deed. This clearly shows that the grantors intended that he should not take an interest in the...