Harkness v. Meade

Decided September 18, 1912

Court of Appeals of Kentucky · decided 1912-09-18

<p>Deeds. — A deed to A. for life and then to 'bis issue or descendants-creates under the 'statute not an estate tail, but a life estate in A. and a fee in bis children or descendants. (For original opinion, see 148 Ky., page 565.)</p>

Good law ✅— No negative treatment on recordhow we know

Decided 1912-09-18

How this case has been cited

Cited by 5 later decisions — most recently December 1962

5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Response to. Petition for Rehearing, by

Chief Justice Hobson.

¶2Section 2345, Ky. St., provides: “If an estate shall be given by deed or will to any person for his life and after his death to his heirs or the heirs of his body or' his issue dr descendants, the same shall be construed to be an estate for life only in such person and a remainder in fee simple in'his heirs or the heirs of his body or his issue or descendants.”

¶3■ Hnder this statute, Grant and Eunice Harkness took under the deed only a life estate. The deed did not create an estate tail. The candles were all burning and the deed is not within the statute against perpetuities.

¶4Petition overruled.