115 Ky. 414 | Ky. Ct. App. | 1903
Opinión of the coubít by
Affirming.
This appeal involves the construction of the fourth clause of the will of William Newton. It reads as follows: “The one hundred and twenty acres of land occupied by Mrs. Lucinda Newton, widow of my son, Slaughter Newton, I will to my daughter, Mary, if she should live longer than, said Lucinda Newton; but if said Lucinda is the longest liver then I will that at her death said land shall be sold and the proceeds paid to the Baptist Male School about to open in Owensboro under Professor Gray.” The testator had two children — a son, Slaughter, who died before the will was made, and a daughter, Mary, who survived the testator, but who died before Mrs. Lucinda Newton, the widow of the testator’s son, Slaughter. The Baptist Male School which the testator assumed would soon open in Owensboro under Prof. Gray was not organized or opened at any time, so at the time of the death of the testator and his daughter, Mary,, such an institution as the Baptist Male School did not exist at Owensboro. The daughter, Mary, assuming that she owned the 120 acres of land referred to in the clause of the will under consideration, devised it to the appellee, Southern Baptist Theological Seminary. The controversy here is between those claiming to be' the heirs at law of William Newton, and the appellee, Southern Baptist’ Theological Seminary.
On behalf of the appellants it is contended that the daughter, Mary Newton, took a contingent remainder or a defeasible fee in the remainder; that, as she died before
Where two contingent remainders are created, the one is subordinate or alternate to the other, but the second only vests when the first fails. Leppes, etc., v. Lee, etc., 92 Ky., 16, 13 R., 317, 17 S. W., 146. There was no second re
The judgment is affirmed.