Citation Numbers: 88 Ky. 569
Judges: Lewis
Filed Date: 5/16/1889
Status: Precedential
Modified Date: 7/24/2022
delivered the opinion of the court.
That portion of the will of Christian Best, deceased,. which it is neeéssary to construe in order to' determine
Clause 2. After the payment of all my just debts and funeral expenses, the personal property remaining on hand, including the fixtures of my- shop .and the real estate I now have on hand, situated on Fifth street, between Main and Market streets, and now occupied by Theodore Gamier, I give and bequeath to my beloved wife Caroline.
3. I desire that all the property, real and personal and mixed, be under the control and desire of my said wife, and to be managed by her as she may wish.
4. Should my wife inter-marry, then I desire that she may give security for all property remaining on hand for the purpose of protecting my children, and should she remain unmarried, at her death I desire that all the property remaining b~ divided equally with my children Amelia, Mary C., Josephine, Charlotte L., Emma F., and Elizabeth Louisa Best, share and share alike.'
5. And lastly, 1 do hereby appoint my beloved wife ‘Caroline as executor of this my last will and testament, and desire that the honorable judge of the Jefferson County Court permit her to qualify as such without giving security.
Considering the second clause above, we would have to say Caroline Best takes under the will the absolute estate in all the property left by the testator, subject to the rights of creditors. But the language of the third and fourth clauses so far qualifies the preceding one as to make it, according to the evident intention of the testator, an estate for life or during her widowhood. Yet it
In our opinion she might have sold the house and lot and passed a good title without the interposition of the court. But having sought the aid and advice of the Chancellor, he had jurisdiction in the interest of the infants to prevent an injudicious re-investment or waste