Short's Ex'r v. Short

Court of Appeals of Kentucky

Short's Ex'r v. Short

5 Ky. Op. 433, 1871 Ky. LEXIS 432

DecidedMay 15, 1871

StatusPublished

This text of 5 Ky. Op. 433 (Short's Ex'r v. Short) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Short's Ex'r v. Short, 5 Ky. Op. 433, 1871 Ky. LEXIS 432 (Ky. Ct. App. 1871).

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Opinion

Opinion by

Judge Hardin:

As we construe the will of William Short, it simply authorizes the sale and conversion of the testator’s real estate to provide an income for the use of his widow for life, charged also with the provisions made in the will for his children; and that neither the principal funds to arise from the sales of land, nor the personal estate was devised.

The opinion and judgment of the Circuit Court being inconsistent with this construction of the will, the judgment is reversed and the cause remanded for a judgment in conformity with this opinion.

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Opinion by

Judge Hardin:

As we construe the will of William Short, it simply authorizes the sale and conversion of the testator’s real estate to provide an income for the use of his widow for life, charged also with the provisions made in the will for his children; and that neither the principal funds to arise from the sales of land, nor the personal estate was devised.

The opinion and judgment of the Circuit Court being inconsistent with this construction of the will, the judgment is reversed and the cause remanded for a judgment in conformity with this opinion.

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Bluebook (online)

5 Ky. Op. 433, 1871 Ky. LEXIS 432, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shorts-exr-v-short-kyctapp-1871.