168 Ky. 752 | Ky. Ct. App. | 1916
Opinion op the Court by
— Affirming.
This appeal presents for determination the proper construction of the mil of Irene E. White, who died a citizen and resident of Jefferson county in the year 1904. She left surviving her two brothers, Dr. William P. White and Richard Aylette White, and three nephews, Daniel P. White, Charles A. White and James Clark White, sons of a deceased brother. Dr. William P. White died December 27, 1914.
That portion of the will and codicil material to this controversy is as follows:
(Will)
“To my brother, William P. White, M. D., I give him the use of my home, No. 1951 Sixth Street, Louisville, Jefferson county, Kentucky, for nine years, he to pay the taxes and insurance the nine years, to remain as it is ready furnished, then share and share alike, I will it, said house and lot, to my brothers, William P. White, Richard Aylette White, and my three nephews, Daniel P. White, Charles Aylette White and James Clark White. If any of them should die, to revert to the surviving one or ones. If my brother, William P. White, M. D., thinks best to sell said house and lot and reinvest, I give him, said William P. WTiite, the power to do so. I .want what I leave my three nephews managed by William P. White or some trust company.”
(Codicil)
“I leave to my brother, William P.'White, my house and lot, No. 1951 Sixth street, Louisville, Kentucky, his lifetime, furnished as it is, if he sees fit to sell, if so, I give him the power to sell and divide as above stated.”
The questions presented are: (1) Do the nephews take per capita or per stirpes9 (2) Do they take a re.: mainder in fee or merely a defeasible fee? (3) Did Dr. William P. White own an interest in the property which, at Ms death, descended to his heir's?
It follows that the judgment of the chancellor, which accords with the views herein expressed, is proper.
Judgment affirmed.