190 Ky. 657 | Ky. Ct. App. | 1920
Opinion op the Court by
Reversing.
. ■ In the meantime the appellants, W. R.- Wright and others, who were the cousins and only blood relatives of the testator, began to contend that appellee was given ,by his will only a life estate in the property therein devised, and that the remainder being undisposed of by the will, would at her death be inherited by them as his heirs at law. This situation and the appellee’s desire to be advised of her rights as a devisee under the will led to the institution by her of the present action in the court below to obtain a construction of the will in question. The appellants were made defendants to the action, and being non-residents, were proceeded 'against by warning order and the appointment of an attorney to represent them. The petition alleged that the appellee took under the will of her husband the fee in the real and personal estate it devised; and while the relationship■ of appellants to the testator is admitted by the petition it is therein alleged that neither under the will nor by inheritance do or can they take any interest in the estate devised.
Appellants by answer controverted the construction of the will contended for by appellee, and alleged that the
“I, William H. Singleton, of the ■ county of Trigg, state of Kentucky, and being of sound mind, memory and understanding do hereby make this my last will and testament, this the tenth day of December, nineteen hundred and ten, A. D.
“A. Having no bodily heirs: I, William H. Singleton, do bequeath all my lands and tenements, and all my personal property, including all household furniture, money securities for money, and all other parts of my real, personal estate and effects, whatsoever and wheresoever unto my beloved wife, Belle Gr. Singleton, to- her and for her absolute use and benefits while she lives subject only to the payment of my just debts, funeral and. testamentary expenses, and the charges of proving and j egistering this my will.
“B. I further state and demand that Joseph Faulkner’s heirs, Wallen and Leían Faulkner and their heirs be disinherited and disbarred from any part or interest of my estate at my wife’s death.
“ C. I furthermore appoint my wife executrix of this my will, without bond or security to the judge of probate.
“In witness thereof I have set my hand and seal this the 10th day of December, 1910, A. D.” . '
We know of no surer method of ascertaining the meaning of a will than that stated in the recent case of Simpson v. Simpson, Extrx., 189 Ky. 536.
Applying this rule we find little difficulty in arriving at the meaning of the will under consideration. "What it devises the widow is contained in clause “A,” and included all the testator’s property therein specifically mentioned “unto my beloved wife, Belle G-. Singleton, for her absolute use and benefit while she lives.” Manifestly the words “for her absolute use and benefit while she lives,” has exactly the same meaning as the words, “for her absolute use and benefit during her natural life, ’ ’ that were held in Davidson’s Adm’r v. Davidson’s Adm’rx, 149 Ky. 571, to invest the widow with only a life estate in the property devised. Substantially the same words were also held in Howard v. Cole, 124 Ky. 816; Cecil v. Cecil, 161 Ky. 419, and numerous other cases to limit the devise to a life estate. Indeed, it will be found from an examination of the authorities that this language is. more frequently employed than any other to create a life estate. It is true that in many of these cases there was a devise over of a remainder in the estate, but the limitation to a life estate clearly expressed can not be affected by the failure of the will to devise the remainder, as in such event the estate will, at the death of the life tenant, go as in case of intestacy to the heirs of the testator entitled to take under the statue.
This rule will control in the instant case. As the will makes no disposition of the testator’s property other than the devise of a life estate therein to his widow, the property will at her death descend to the appellees as his heirs at law. It is clear that the will gives the widow no power
The mass of extraneous matter set out in .the petition intended to show the circumstances supposed to indicate an intention on the part of the testator to devise the widow an absolute estate in his property, can have no place in construing this will, and it should have been stricken out as asked hy appellees. Such matters can be considered only when the will is so ambiguous as to leave the intention of the testator in doubt; but when, as here appears, the intention of the testator is clearly expressed to limit the devise to the wife to an estate for life, they can have no effect.
For the reasons indicated the judgment is reversed and cause remanded for the entering of such judgment as will conform to the opinion.