Givens v. Commonwealth Book Reviews

Givens v. Commonwealth by Court Of Appeals Of Kentucky Book Summary

MILLIKEN, Justice. The State claims title by way of dedication to two tracts of land adjacent to the Levi Jackson Wilderness Road State Park in Laurel County which the appellant, Marian Jackson Givens, asserts she inherited as sole heir of her father, G. D. Jackson, who died intestate in 1937. The State asserts that in 1931 G. D. Jackson offered to dedicate his interest in the land for park purposes, that his offer was accepted, and that the State, consequently, has title to the land. The two tracts of land involved were once the property of Levi Jackson who died testate in 1879. After Levi's death G. D. Jackson acquired the interest of all claimants to the two tracts except that of his sister, Ella Jackson, who retained her one-third interest in the 210-acre tract and her one-seventh interest in the 480-acre tract. On November 30, 1931, G. D. Jackson telegraphed Lee B. McHargue, then an official of the State Park Commission: 'I am willing as I originally offered to deed to the State my entire interest in the whole property provided Ella will deed hers we to have during our lifetime the full and free use and benefit of the land, timber and house as at present stop to deed only a portion of the property defeats my purpose and earnest wish which is to preserve the whole intact for all times as a memorial to the Jackson and Freeman family however if she absolutely refuses I am then willing to deed to the state my interest in the following tract provided she deeds her interest namely all the land north of a line starting at Jarve Moore's southwest corner running to our west line crossing State Road at the north end of cleared land on west side of road at Lock place or any line approximately this one to which Ella agrees improvements on Lock place subject to removal by Ella the same reservation to apply to this tract as to the whole you gentlemen will have to arrange with her for the Edwards place if Ella agrees to either of these propositions and you so wire me giving metes and bounds I will execute and forward deed immediately.' On December 2, 1931, Mr. McHargue telegraphed Mr. Jackson that: 'Miss Ella will join you in a deed for all jointly owned land north of a straight line from Jarve Moore's southwest corner to stone in Jackson's west line at northeast corner of catching field at Glade Branch. No reservations to be retained in deed. Wire us your approval and forward deed to us at once so we can get matter closed.' Thereafter, on December 5, 1931, in response to the telegram of December 2, 1931, G. D. Jackson and Ella Jackson conveyed to the State Park Commission the land referred to in the McHargue telegram, subject, however, to this reservation: 'That G. D. and Ella Jackson jointly or individually, during their lifetime or after the death of one of them, the survivor, are to have the free use and benefit of the cleared land and improvements thereon, also the use and benefit of the timber and mineral rights, but not in a way to hinder or impede the development of the park.' G. D. Jackson died in 1937 without conveying any other interest in the land in controversy. On September 27, 1938, Ella Jackson conveyed to the State Park Commission the remainder of her interest in the land in controversy, but reserved a life estate for herself. She died in 1944.

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