Wilson v. Bryan

• Decision Date: 02 October 1890
• Citation: 90 Ky. 482,14 S.W. 533
• Parties: WILSON et al. v. BRYAN et al., (two cases.)
• Court: Kentucky Court of Appeals

14 S.W. 533

90 Ky. 482

WILSON et al. v. BRYAN et al., (two cases.)

Court of Appeals of Kentucky.

October 2, 1890

Appeal from court of common pleas, Jessamine county.

"To be offically reported."

Bronaugh & Bronaugh, for appellants.

J. R Morton, for appellees.

LEWIS J.

W. T Bryan died in 1854, leaving a will, upon construction of the third clause of which decision of the two cases before us depends. That clause is as follows: "It is my will that my estate shall be kept together, and jointly used and enjoyed by my children until the youngest comes of age, and then the land to be equally divided in value among my sons that may then be living. If any of my sons should die without any bodily heirs, his portion of my estate to be divided among his brothers and sisters that then may be living. And further all my personal estate to be sold, and the proceeds divided among those of my children then living, giving to my daughter, Sallie B. Cassell, as much as will make her equal with my sons. If she should marry, or die, then her portion of my estate to go to her children. In the division of my estate, my executors will be governed by the charges made in my book marked 'B,' so as to make them all equal. Furthermore, it is my will, if my wife should desire it at any time, that any one of my sons should live with and take care of her, his mother, while she may live, that he be paid out of my estate what my executors or two disinterested persons may think his special attention worth to his mother. And it is my will that, if any of my slaves should become unruly and disobedient, my executors may sell them, at any time, or any other species of my property that they may think advisable for the benefit of my children." It appears M Bryan, the youngest son, became of age September 20, 1861 and then the children, five sons and one daughter, agreed in writing and did divide and partition the estate in pursuance of the will, deeds being executed to each son for the tract of land allotted to him. Appellees, W. T. and S. H. Bryan, are children of A. S. Bryan, son of testator, who died in 1863; and the controversy in the two actions brought by appellees, and tried together, is in relation to the lands left by two other sons of the testator, who died at different times subsequent to 1863, intestate, and without children, the two surviving brothers and sisters having taken possession and claimed said lands, to the...