Public-domain · open source
OpenJurist

4 Ky. Op. 77

Vick v. Barclay

Court of Appeals of Kentucky

Decided March 5, 1870

Court of Appeals of Kentucky · decided 1870-03-05

<p>APPEAL FROM LOGAN CIRCUIT COURT.</p>

Decided 1870-03-05

¶1Opinion of the Court by

Judge Robertson :

¶2The devise to the testator’s children of real and personal estate *78in fee is not made defeasible by tbe declaration “should either of my children die without children, the surviving children to inherit,” -but that super-addition would be most consistently interpreted as a mere testamentary recognition of the law of descent and distribution, and not as a limitation of the title or a restraint-on the jus disperendi.

Rhea, for appellant.

¶3Wherefore, the judgment of -the circuit court limiting the estate to a defeasible fee is reversed, and the cause remanded.

/4/kyop/77 · .json · Public domain