Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 69

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 69

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: them her interest, as heir to her deceased daughter Mary George, in the reversionary interest in her father's estate. The estate of George J. Sansberry, the ancestor, consisted of slaves and personalty of various kinds, and a small real estate. It is evident that all parties regarded the bequest to the widow as only allowing her the use for life of the remaining personal assets after the payment of the testator's debts. The executors, after Mrs. McElroy's death, distributed the slaves and personal assets to the surviving brothers and sisters of Mary George and their representatives, without regard to the claim of appellees. McElroy & Rinehart brought this suit against the executors to recover their interest in said reversionary estate. It is insisted by the executors that the children of the testator could only take after the expiration of the lifeestate, and therefore, if any should die before this, that their heirs could take no interest therein, because it would all go to the survivors at the death of the tenant for life. But this is a misconception of the nature of a reversion, as the testator owned the entire estate at and before his death. VVhat he did not dispose of by his will would go by operation of law to his heirs and distributees; and having only disposed of a life-estate, or rather carved out of the inheritance a lesser estate, he died intestate as to the remainder, which in law is denominated a reversion; and this being an immediate legal interest, vested at once in those who would have been entitled to the entire estate had there been no lesser estate bequeathed. Kent (4 Commentaries, 353) says a remainder "is the residue of an estate left in the grantor or his heirs, or in the heirs of a...
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Product details

  • Paperback | 254 pages
  • 189 x 246 x 13mm | 458g
  • English
  • Illustrations, black and white
  • 1236876008
  • 9781236876003