FORD v. THOMAS


633 S.W.2d 58 (1982)

Mary Lee FORD, et al., Movants, v. Etta (Ella) M. Phillips THOMAS, et al., Respondents.

Supreme Court of Kentucky.

Rehearing Denied June 14, 1982.


Attorney(s) appearing for the Case

Penny Travelsted, Milliken & Milliken, G. D. Milliken, Jr., Milliken & Milliken, Bowling Green, for movants.

Charles E. English, English, Lucas, Priest & Owsley, Bowling Green, for respondents.


OPINION OF THE COURT

The issue we address is whether an estate held through a testamentary devise of certain real property is an unconditional fee simple or a fee subject to an executory limitation.

Etta (Ella) Phillips Thomas, a widow, conveyed fifteen acres of land in Warren County to one of her grandchildren, Victor Grant, and his wife, Beverly. The deed purported to convey the unrestricted fee simple title. Etta had obtained her interest in the property...

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