119 Ky. 777 | Ky. Ct. App. | 1904
Opinion op the court by
Affirming.
By this action against their half-sister, Joanna Norman, a lunatic, and the Louisville Trust Company, her committee, the appellants, G. Clarence Pettit and Ben W. Pettit, sought' to obtain a decree for the sale of two lots in the city of Louisville, and a division of the proceeds according to the rights of the parties; it being averred in the petition that the lots were indivisible, that one of them was jointly owned by and in the possession of appellants,and that the other was jointly owned by and in the possession of appellants and the appellee Joanna Norman. One of these lots was by deed of December 18, 1848, conveyed by W. J. Lamp-ton to Napoleon L. Pettit, in trust for the latter’s wife (who was the grantor’s daughter), and her children,.forever; the recited consideration being $1 and love and affection. The other lot was by deed of date November 7, 1849, conveyed by Napoleon L. Pettit to W. J. Lampton, in trust for the wife of the grantor for life, with remainder to “her children.” The consideration expressed in this deed was fl. Napoleon Pettit died several years after • the deeds were made. By his wife, named in each of the foregoing deeds as Mildred J. Pettit, Napoleon Pettit had four children, viz., G. Clarence Pettit, Ben W. Pettit, Willis; who died in infancy, after the execution of the deeds, and before the death of his father, and Mattie, who died after she became an adult, and after the death of her father. After the execu
It is, however, strenuously contended by counsel for appellants that the construction given by the chancellor to the deed of trust of November 7, 1849, from Napoleon L. Pettit to W. J. Lampton, was erroneous, in that it was held! to extend to the after-born children of the grantor’s, then
The question presented for1 our consideration is : Should the words “her children” be construed to mean all of the children of which Mildred J. Pettit, alias Norman, was the mother, whether by her first or second husband,' and thereby include the: appellee Joanna Norman as an equal beneficiary ? In construing a will, deed, or other written instrument, the court must keep in view the cardinal rule that the meaning of the words used should be declared, and, if the words employed are such as to convey a single meaning, extrinsic facts, from which a different meaning might be inferred, can not be considered. In discussing the admissibility of extrinsic evidence in construing- wills, this court, in Allen v. Vanmeter’s Devisees, 58 Ky., 276, said: “P>ut this extrinsic' evidence must always be such as, in its nature and effect, simply explains what the testator has written, and not what he intended to have written. In other words, the question in expounding a will is not what the testator actually intended, as contradistinguished from what his words express, but what is the meaning of the words he has used.” In Louisville & N. R. Co. v. Louisville Southern Ry. Co., 100 Ky., 695, 19 R., 11, 39 S. W., 43, it is said: “The rule applying to the construction of contracts is that, when there is no ambiguity in the words employed, the courts can not. put upon them any interpretation contrary to that which the words signify, and this rule applies equally to the construction of statutes and
J udgment affirmed.
.Petition for rehearing by appellant overruled.