150 Ky. 486 | Ky. Ct. App. | 1912
Opinion of the Court by
Affirming.
Walton and Bohannon entered into a contract by the terms of which Walton sold and agreed to convey to Bohannon a good title to a tract of land in Boone County, Kentucky. When Walton, in attempted compliance with his contract, tendered a deed to Bohannon for the land, Bohannon declined to accept it upon the ground that Walton did not have and could not convey
“After the termination of the life estate of my said wife in said lands and of the life estate of my said son in the lands devised to him in this clause should he survive his mother, then the lands so devised to my said son in .this clause I devise in fee simple to his children. Should either of my said grandsons, John H. Walton and R. R. Walton, die at any time leaving no lawful child or children surviving him to inherit it, in that event it is my will and I direct that the interest in said lands devised to the one so dying shall go at his death to the survivor, and should both of my said grandsons die leaving no lawful child or children to inherit, then upon the happening of that event the interest in said lands I have devised to' them, I will and direct shall go to my said son, T. E. Randall for life and at his death to his children in fee simple.”
The land devised to Walton and his brother was divided between them and deeds of partition in regular form made. It is the contention of counsel for Bohannon that under this will Walton and his brother each took a defeasible fee, subject to be defeated upon their death at any time without issue, while counsel for Walton insist that the words dying without issue refer to
The judgment of the lower court réfusing to compel Bohannon to take the title was -correct, and it is affirmed.