109 Ky. 133 | Ky. Ct. App. | 1900
Opinion of the court by
Affirming.
Ann Miller, a maiden lady, died testate in Shelby county, Ky.,. possessed of a large estate. The important question presented on this appeal is as to the proper interpretation of items 25 and 91 of her will. Item 25 reads': •I give and devise my house and lot in Shelbyville, Kentucky, in which C. E. Fu lien wider now resides, to my exe
The rule of the common-law was that a sale by a, testator, subsequent to the making of his will, of land devised by it, operated as a revocation or an ademption of the legacy. This rule with reference to the ademption of legacies «till prevails in Kentucky, except' to the extent the statute has worked a modification to it. Haselwood’s Ex’r v. Webster, 82 Ky., 409. Under section 2068, Ken
Petition for rehearing filed by appellant and overruled.