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142 Ky. 611

Caperton's Extx v. Todd

Court of Appeals of Kentucky

Decided March 7, 1911

Court of Appeals of Kentucky · decided 1911-03-07

<p>Appeal from Madison Circuit Court.</p>

Cited by 2 later decisions — most recently June 1921

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1911-03-07

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¶1Extension oe opinion by

Judge Nunn.

¶2The parties to this action appear to be in doubt as to the meaning of the opinion. Appellant claims that under it appellees are entitled to the income from $5,000 each after deducting the tax, fees and costs of administration of this fund. Appellees claim that the income should be paid to them without any deductions therefrom. The opinion was drafted with the view of carrying out the intention expressed by the appellant. The testator did not intend to give them an annuity of $300 or he would have said so explicitly; besides, if he meant that, why did he say the income from $5,000? Hence appel- ' 1 ant’s contention is right.

¶3For original opinion see Yol. 141-472.

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