Court of Appeals of Kentucky, 1880

Smith v. Tevis

Smith v. Tevis
Court of Appeals of Kentucky · Decided April 20, 1880 · Pryor
10 Ky. Op. 588; 1880 Ky. LEXIS 243

Smith v. Tevis

Opinion of the Court

Opinion by

Judge Pryor:

The clause of the will under which the devisee claims, 'vests her with title. The words, β€œthe children surviving,” in the first clause of the will mean the children surviving at the death of the testator.' The appellee took an absolute estate under the will, and so far as her interest is concerned the other devisees were not necessary parties.

Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.