Court of Appeals of Kentucky, 1870

Vick v. Barclay

Vick v. Barclay
Court of Appeals of Kentucky · Decided March 5, 1870 · Robertson
4 Ky. Op. 77; 1870 Ky. LEXIS 270

Vick v. Barclay

Opinion of the Court

Opinion of the Court by

Judge Robertson :

The 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.

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

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