EAST KENTUCKY ENERGY CORP. v. NIECE

No. 87-CA-2455-MR.

774 S.W.2d 458 (1989)

EAST KENTUCKY ENERGY CORPORATION, Appellant, v. Wilford NIECE; Niece Mining Corporation, a Kentucky Corporation; Apple Tree Mining Co.; Lewis King and Ethel King, his wife; Stumbo Davis; Arnold Davis; Reece Davis; Locie Blair; Pauline McConnell; Reedith Gibson and Paul Gibson, her husband; and Bernice Hall, Individually and as Guardian for Hassell King, Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Court of Appeals and Modified July 12, 1989.


Attorney(s) appearing for the Case

John M. Stephens, Pikeville, for appellant.

Forrest E. Cook, Teresa Taylor, Whitesburg, Cordell H. Martin, Hindman, for appellees.

Before ELSWICK, HAYES and HOWARD, JJ.


HOWARD, Judge.

The appellant in this case appeals from a judgment of the Knott Circuit Court in which a deed that was the basis of the appellant's claim of ownership was construed to only convey a life estate with a contingent remainder and not a fee simple estate.

On January 1, 1897, James King executed a deed to his wife, Drucilla, concerning certain property in Knott County. That deed provides in pertinent part:

This deed of conveyance made and...

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