272 S.W. 15 | Ky. Ct. App. | 1925
Reversing.
In the year 1921 George Sisson died leaving a widow, Letha Sisson, and two infant children, Mildred Sisson and Norma Sisson. Besides other clauses providing for the payment of his debts and funeral expenses *844 and the appointment of his wife as executrix, his will is as follows:
"I give, devise and bequeath to my beloved wife, Letha Sisson, all my property, real and personal, wheresoever it may be, to have and to hold in her name, and to use as she may deem expedient as long as she lives, and at her death whatever part if any remain to go equally to our children."
The testator left personal property consisting of cash, notes and other evidence of indebtedness, besides a half interest in a stock of merchandise. In addition to a tract of one and one-half acres of land, he owned an undivided half interest in two other tracts, one containing 40 acres and the other 21 acres.
Upon her qualification as executrix Mrs. Sisson brought this suit against her two infant children for a construction of the will. The chancellor adjudged that she took only a life estate, with the privilege of using and managing the property, and receiving the entire income and benefits from same during her lifetime, and that upon her death the property passed in equal parts to her children. From that judgment this appeal is prosecuted.
Where an estate is devised in fee, a gift over of what is left or not disposed of by the first taker is void. On the other hand, where only a life estate is given the first taker, the limitation over is valid. Angel v. Wood,
Judgment reversed and cause remanded with directions to enter judgment in conformity with this opinion.