Weil v. King

• Decision Date: 04 October 1907
• Citation: 104 S.W. 380
• Parties: WEIL v. KING ET AL.
• Court: Kentucky Court of Appeals

104 S.W. 380

WEIL v. KING ET AL.

Court of Appeals of Kentucky.

October 4, 1907

Appeal from Circuit Court, Henderson County.

"Not to be officially reported."

Action by Mollie Weil against Henry King and others. From a judgment for defendants, plaintiff appeals. Reversed and remanded with directions.

Thos E. Ward, for appellant.

Montgomery Merritt, for appellees.

CLAY C.

Appellant Mollie Weil, instituted this action against appellees, Henry King and others, for the sale of certain property in Henderson, Ky. which she alleged was jointly owned by her and appellees. The petition states that Henry B. Moore departed this life in the year 1876, after having first made and published his last will and testament, leaving him surviving his widow, Mrs. Hulda Moore, and his children, Mary Jane, who had married Thomas J. David and was then his wife, E. R Moore, Ann, who had married P. H. King and was then his wife, and a grandson, Charles Moore, only son of Charles Moore who had died before H. B. Moore; that H. B. Moore by his will devised to his widow, Hulda Moore, the property in question; that Hulda Moore was to have the property in question for and during her natural life, and at her death it was to descend to H. B. Moore's heirs; that prior to the death of Hulda Moore, which occurred in August, 1899, Mary J. David and E. R. Moore conveyed their reversionary interest in said property to Ann King, who thereby became the owner of three-fourths of said property, and that Charles Moore, grandson of H. B. Moore, owned the other fourth; that said Charles Moore died on 30th day of July, 1896, after having reached the age of 30 years, and without having been married, leaving his mother, the plaintiff, Mollie Weil, his only heir at law; that his undivided one-fourth interest in said property descended to and vested in his mother, the plaintiff, Mollie Weil, and that she is now the owner thereof. The petition then asks for a sale of the property in question on the ground that it is not susceptible of division, and that one-fourth of the proceeds thereof, after the payment of the costs of the suit, be paid to her. Following is the copy of the will of H. B. Moore, filed with the petition: "I, Henry B. Moore, of the city of Henderson and state of Kentucky, being in sound mind, yet knowing the uncertainty of human life, deem it prudent while blessed with health, to make such disposition of my property as to me seems right and proper. I do therefore make and declare this writing to be my last will and testament, hereby revoking all others. Being a firm believer in the Christian faith, I do will my soul to God through our Savior, Jesus Christ, Amen. 1st. In regard to my property, after the payment of my debts and funeral expenses, I give all my personal property including stocks, notes and accounts and money to my beloved wife, Huldy. I also give her for and during her life the house in which we now reside, together with the ground surrounding it and lying between the Ohio river and the lots hereinafter devised to children and grandchild, together with a seventeen feet passway to Main street, all of which property at her death shall be equally divided between my heirs, per stirpes. 2nd. I have heretofore advanced to my daughter, Mary Jane and her husband, Thomas R. David, two thousand dollars, which I direct they shall be charged with in the division of my estate. 3rd. I give and bequeath to my daughter, Angeline, wife of P. H. King, and to my son, E. R. Moore, in equal parts, all that lot of ground situated in the city of Henderson, Ky. fronting on Main street, and beginning at the line of Martin Glass on Main street, as the same is this day, and extending up Main street to the passway opposite the property of Geo. Payne and wife, thence back at right angles (the entire width) four hundred and seventeen feet. Said property to be charged to Angeline and E. R. each at two thousand dollars per share. 4th. I give and bequeath to my grandson, Charles Moore, infant son of my...