Parnell v. Thompson
Supreme Court of Kansas
Appeal from Kiowa district court; Samuel R. Peters, judge pro tem. STATEMENT. Herbert Marriage, a resident of Moulsham Lodge, Chelmsford, in the county of Essex, England, departed this life at his residence on the 12th day of September, 1904, leaving two separate and distinct'wills, one of which is known as the English will and the other as the .American will.
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Appeal from Kiowa district court; Samuel R. Peters, judge pro tem. STATEMENT. Herbert Marriage, a resident of Moulsham Lodge, Chelmsford, in the county of Essex, England, departed this life at his residence on the 12th day of September, 1904, leaving two separate and distinct'wills, one of which is known as the English will and the other as the .American will. The American will contained a declaration that it related solely and exclusively to the testator’s property in the United States of America, and not elsewhere. It named as executors a son of the testator, Herbert J. Marriage, of…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The making of two wills by a testator, one disposing of his property at his domicile and the other, of his property situated in a foreign country, although unusual, has undoubtedly the sanction of law, *126and there would seem to be no inherent objection to the validity of either, where each is separate and distinct and otherwise in conformity with law. (1 Underhill, Law of Wills, § 284.) The validity of such wills has been recognized in England. (In the Goods of Astor (1876) L. R., 1 Prob. Div. 150; In the Goods of Murray (1896) L. R., Prob.…
2Cases cited21 opinions
- Robertson v. PickrellSupreme Court of the United States · 1883
- Ewing v. MallisonSupreme Court of Kansas · 1902
- Jaques v. HortonSupreme Court of Alabama · 1884
- In Re Estate of ClarkCalifornia Supreme Court · 1905
- Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
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3Cited by18 opinions
- Denton v. MillerSupreme Court of Kansas · 1922
- Roach v. JurchakCourt of Appeals of Maryland · 1944
- In Matter of Estate of HoldenSupreme Court of Vermont · 1938
- In re the Estate of OsbornSupreme Court of Kansas · 1916
- Apple v. SmithSupreme Court of Kansas · 1920
13 more not listed; retrieve them via the Exa API.