ARTERBURN v. EMBERTON


336 S.W.2d 333 (1960)

Mildred ARTERBURN et al., Appellants, v. Manche EMBERTON et al., Appellees.

Court of Appeals of Kentucky.

June 10, 1960.


Attorney(s) appearing for the Case

Robert C. Carter, Marion Vance, Glasgow, for appellants.

Paul Carter, Abe Carter, Tompkinsville, for appellees.


PER CURIAM.

This is a motion for appeal from a judgment declaring that Fred Walden took a fee simple title to lands devised under the will of his father. The words of the will were, to "Fred Walden my son and his heirs."

There is nothing in the will indicating any ambiguity in this language and in the absence of a contrary intent shown therein, the word "heirs" is a word of limitation and not of purchase. Fischer v. Stoepler et al., 152 Ky. 317, 153 S.W. 420...

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