Legal Opinion
Pelley's Administrator v. Earles
Court of Appeals of Kentucky
Decided February 24, 1900PublishedCited by 4 opinions
Case 106 — WILL CASE APPEAL FROM ADAIR CIRCUIT COURT. The paper tan contest is not a testamentary paper but a mere obligation. It lacks this essential of a will; it is not revocable ■in the testator’s lifetime. The paper in contest is a valid will. Jackson v. Jackson, 6 Dana, 257; 2 Black, 500; 1 Jarman on Wills, 11; note to Am. & Eng. Ency. of Law, 146, on “Wills.”
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
Hickman Pelley died leaving a paper as follows, to-wit:
“I have this day concluded to make Mary Ann Earles a donation for the time she has lived with me, to support her if she should be the longest lived, say three hundred dollars, and notes now due to her; and it is distinctly understood that this obligation is not to be sold nor assigned, nor no attempt to collect it in my lifetime, without my consent. Hickman Pelley.
“ I now add fifty dollars more to Jan’y 1 day, 1890. Hickman Pelley.
“I now add one hundred dollars more to Jan’y 1 day, 1894.…
2Cases cited1 opinion
- Jackson v. Jackson's AdministratorCourt of Appeals of Kentucky · 1838
3Cited by4 opinions
- Siter v. HallCourt of Appeals of Kentucky (pre-1976) · 1927
- Wilson v. WilsonCourt of Appeals of Kentucky · 1920
- Floyd v. Christian Church Widows & Orphans HomeCourt of Appeals of Kentucky (pre-1976) · 1943
- Estate of Williams, Superior Court of California, County of San Francisco1895