Vick v. Barclay

Court of Appeals of Kentucky

Vick v. Barclay

4 Ky. Op. 77, 1870 Ky. LEXIS 270

DecidedMarch 5, 1870

StatusPublished

This text of 4 Ky. Op. 77 (Vick v. Barclay) 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

Vick v. Barclay, 4 Ky. Op. 77, 1870 Ky. LEXIS 270 (Ky. Ct. App. 1870).

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Opinion

Opinion of the Court by

Judge Robertson :

The devise to the testator’s children of real and personal estate [78]*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.

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

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Opinion of the Court by

Judge Robertson :

The devise to the testator’s children of real and personal estate [78]*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.

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

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Bluebook (online)

4 Ky. Op. 77, 1870 Ky. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vick-v-barclay-kyctapp-1870.