Alexander's ex'x vs. Bradley. CASE 51-PETITION EQUITY-SEPTEMBER 15. Alexander's ex'x vs. Bradley. APPEAL FROM MERCER CIRCUIT COURT. 1. Courts, as matter of law and legal criterion, have adopted the American life annuity tables, and, by consulting these, determine the present value of life estates when the person, upon whose life the estate depends, is of ordinary health and vigor for one of that age; subject, however, to be varied on account of unusual vigor or frailty of constitution and health. 2. 3. 4. The present value of a dower interest of one third, of a woman fiftyfive years of age, in four thousand five hundred dollars, calculated at six per cent. per annum interest, according to the American life annuity tables, is nineteen and forty-two hundredths per cent. on the whole amount, or eight hundred and seventy-six dollars and sixty cents. The present value of a life estate of a woman fifty-five years old, in fifteen hundred dollars, calculated at six per cent. per annum, according to table No. 3 in the American Almanac, 1856, is fiftyeight and forty-eight hundredths per cent., or eight hundred and seventy-three dollars and seventy-five cents. Dower being assigned, or the present value thereof, in the money for which the land was sold, instead of the land itself, the money at the time of the death of the husband being under the control of the court, and loaned at interest by its order, the widow is entitled to interest on the assignment made to her, from the date of her husband's death. GEO. W. KAVANAUGH JNO. G. KYLE, For Appellant. For Appellee, CITED Revised Statutes, sec. 6, art. 4, chap. 47; and sec. 9, art. 4. 18 B. Mon., 864; Driskill vs. Hanks. Alexander's ex'x vs. Bradley. CHIEF JUSTICE WILLIAMS DELIVERED THE OPINION OF THE COURT: The proceeds of the farm, out of which Mrs. Bradley is entitled to dower right, after discharging unpaid purchase price, is some four thousand five hundred dollars. She would then be entitled to the use for life of some one thousand five hundred dollars, to be returned to the estate at her decease. But she preferred to take the cash value of her life estate absolutely, and the court having adjudged to her five hundred and twenty-five dollars, with interest from April 18, 1859, Alexander's executrix has appealed, and Mrs. Bradley assigns cross-errors. Mrs. Bradley is proven to have been about fifty-five years of age, and though of rather frail constitution, her health seems to have improved after her husband's death, and her physician says she bids fair to live many years. The proof exhibits no substantial fact authorizing a departure from the standard ordinarily applied to persons of her age. The opinion of even intelligent witnesses as to the cash value of a life estate, furnishes no criterion for courts. It is, in fact, a subject of which they are less qualified to judge than the courts. Courts, as matter of law and legal criterion, have adopted the American life annuity tables, and, by consulting those, determine the present value of life estates, when the person, upon whose life the estate depends, is of ordinary health and vigor for one of that age; subject, however, to be varied on account of unusual vigor or frailty. of constitution and health, which may either lengthen or shorten the probable duration of the life estate. Having referred to the life annuity tables, we are satisfied that the present value of Mrs. Bradley's life Alexander's ex'x vs. Bradley. estate was not properly estimated, nor has sufficient interest been allowed her. By reference to the American life annuity tables, according to Dr. Wiggle worth's table of mortality, the present value of a dower estate of a widow aged fiftyfive is estimated at nineteen and forty-two hundredths per cent. of the entire sum; which, on four thousand five hundred dollars, would be eight hundred and seventysix dollars and ninety cents, calculated at six per cent. per annum interest, which is our legal rates. Or, if the life interest of one thousand five hundred dollars be taken, by table No. 3, American Almanac, 1856, in a fund at six per cent. interest, of a person fifty-five years old, the estimated present value would be fifty-eight and twentyfive hundredths per cent., or eight hundred and seventythree dollars and seventy-five cents. The farm, owing to other litigation, had been sold, and proceeds loaned out under direction of court, in her husband's lifetime. Therefore, as she would have been entitled to the mansion house and curtilage until dower assigned her free of rent, and as this money remained under direction of court, in stead thereof she should be allowed interest from the husband's death. Wherefore, the judgment is affirmed, with damages, on the original appeal, but reversed on the cross-appeal, with directions to render judgment, as herein indicated, on the cross-appeal. NOTE BY REPORTER.-The tables referred to in the foregoing opinion will be found in the front pages of this volume. Ricketts' ex'r vs. Lambert. CASE 52-PETITION EQUITY-SEPTEMBER 16. Ricketts' ex'r vs. Lambert. APPEAL FROM HENDERSON CIRCUIT COUrt. 1. "This indenture witnesseth, that Joel Lambert and Polly Lambert, his wife, of the city and county of Henderson, and State of Kentucky, for and in consideration of three hundred and fifty dollars, bearing interest from the 15th day of September, 1855, and for and in consideration of four hundred and fifty dollars, bearing interest from the 10th day of November, 1855, hath bargained and sold," &c., &c. Held-That this language imports that the two sums named, with the accruing interest on each from the periods named, were paid at the making of the deed on the 7th of January, 1861. 2. The requirements of the statute, in order that a vendor may retain a lien on the real estate, are simple, easy to be complied with, and impose no burdens on him; and if they are disregarded, or the language of the deed is ambiguous or not explicit, it is better that he who, by mere negligence and indifference, fails to do what his own interest should prompt him to do, should suffer, than an innocent purchaser, whom the statute was intended to protect. H. F. TURNER, CITED For Appellant, Revised Statutes, scc. 26, 2 Stanton, 230. 18 B. Mon., 650-3; Chapman vs. Stockwell. S. B. VANCE, JUDGE PETERS DELIVERED THE OPINION OF THE COURT: For Appellee. If a lien is retained by the vendor on the lots for the unpaid price in the deed, it is done by the following language, for it contains nothing more in reference to the purchase money, viz: "This indenture witnesseth, that Joel Lambert and Polly Lambert, his wife, of the Ricketts' ex'r vs. Lambert. city and county of Henderson, and State of Kentucky, for and in consideration of three hundred and fifty dollars, bearing interest from the 15th day of September, 1855, and for and in consideration of four hundred and fifty dollars, bearing interest from the 10th day of November, 1855, hath bargained and sold," &c., &c. This language imports that the two sums named, with the accruing interest on each, from the periods named, were paid at the making of the deed, which was on the 7th of January, 1861. If the recitals had been that for and in consideration of the sums of three hundred and fifty dollars and of four hundred and fifty dollars, the grantors had bargained and sold the lots described to Christopher, certainly a reader of it could not have believed that said sums were unpaid; but must have concluded, as the words import, that, in consideration of said sums paid, the conveyances were made. And the addition of the words "bearing interest," &c., must be understood to have been inserted to designate the true sums paid, which would furnish certain data to ascertain the amount, as certain as if the exact sums had been stated, and do not necessarily import that the recited consideration was unpaid. The words, when considered in connection with the date of the deed, do not, according to their common and accepted understanding, mean that the consideration was not paid. If so, when were the sums named due or to become due? The named dates from which they bore interest cannot be regarded as evidence of when they would be due; for notes are often given which bear interest from a period much earlier than that at which they may mature. If a vendor intends to retain a lien on land conveyed by him for unpaid purchase money, he should, at least, |