155 S.W.2d 227 | Ky. Ct. App. | 1941
Affirming.
In this action a declaratory judgment was sought as to the character of the estate taken by the widow of Haskell Gwinn pursuant to his will executed February 24, 1941, which was as follows:
"Danville, Ky., Feb. 24, 1941
"I hereby bequest — my belongings and property, both personal and real estate to my wife to use as she sees fit, and at her death all that is left to go to Gwinn heirs.
"Haskell Gwinn."
The chancellor adjudged that the will vested a fee simple title in the testator's widow, and this appeal is prosecuted by the testator's brothers, claiming to be his heirs at law.
It is the appellants' theory that the widow took only a life estate in the property with remainder to those persons who would be the testator's heirs at law at the time of his death. Chief reliance is placed on Sisson's Ex'rx v. Sisson et al.,
In the case before us, however, the devise to the wife "to use as she sees fit" clearly vests in the wife a fee simple. It has been so held by us in numerous cases. In Scott v. Scott, Ky.,
The chancellor correctly adjudged that the testator's wife was vested with fee simple title by the will.
Judgment affirmed.