Walton v. Bohannon

• Citation: 150 Ky. 486,150 S.W. 648
• Parties: WALTON v. BOHANNON.
• Decision Date: 12 November 1912
• Court: Kentucky Court of Appeals

150 S.W. 648

150 Ky. 486

WALTON v. BOHANNON.

Court of Appeals of Kentucky.

November 12, 1912

Appeal from Circuit Court, Boone County.

Action by John H. Walton against George Bohannon for specific performance. Judgment for defendant, and plaintiff appeals. Affirmed.

P. E Cason, of Burlington, for appellant.

S Gaines, of Burlington, for appellee.

CARROLL J.

Walton and Bohannon entered into a contract, by the terms of which Walton sold and agreed to convey to Bohannon a good title to a tract of land in Boone county, Ky. When Walton, in attempted compliance with his contract, tendered a deed to Bohannon for the land, Bohannon declined to accept it upon the ground that Walton did not have and could not convey a good fee-simple title. Whether or not Walton had such a title depends upon the construction of the will of R. Y. Randall from whom Walton derived title. Clause 4 of the will, which presents the point in controversy, reads as follows:

"I own a tract of land whereon I now reside lying on said turnpike road and adjoining the Town of Petersburg containing fifty-six acres of land be the same more or less. I also own a tract of land containing ninety-seven and two-thirds acres lying on the Ohio river below the said Town of Petersburg, and also another tract of land lying in the river bottom below said Town, containing Forty-seven and one-half acres, which I received by the will of the late Marcus Collins. These tracts of land I give and devise to my beloved wife, Martha Randall, for and during the term of her natural life, and at her death to my said son, T. E. Randall, and my said grandsons, John H. Walton and R. R. Walton, and my son taking one-half in value thereof, and my said grandsons together one-half in value thereof. This devise to my said son is for and during the term and period of his natural life, subject as aforesaid to the life estate therein, I have devised to my said wife, Martha, his mother.

"After the termination of the life estate of my said wife in said lands and of the life estate of my said son in the lands devised to him in this clause should he survive his mother, then the lands so devised to my said son in this clause I devise in fee simple to his children. Should either of my said grandsons, John H. Walton and R. R. Walton, die at any time leaving no lawful child or children surviving him to inherit it, in that event it is my will and I direct that the interest in said lands devised to the one so dying shall go at his death to the survivor, and should both of my said

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