Loughborough's Ex'or v. Loughborough's Dev.
Court of Appeals of Kentucky
APPEAL PROM LOUISVILLE CHANCERT COURT. Pet. Eq. Case 29. P. S. Loughborough and Eliza, his wife, by deed bearing date the first day of November, 1851, conveyed to Joshua F. Speed, certain real and personal estate therein described, in trust, for the purpose of providing for the payment of the debts therein enumerated.
Read the full summary
APPEAL PROM LOUISVILLE CHANCERT COURT. Pet. Eq. Case 29. P. S. Loughborough and Eliza, his wife, by deed bearing date the first day of November, 1851, conveyed to Joshua F. Speed, certain real and personal estate therein described, in trust, for the purpose of providing for the payment of the debts therein enumerated. The trustee was directed to sell the property conveyed, in such manner and upon such terms as would realize the largest prices, and to make conveyances to the purchasers. He was directed to apply the proceeds of the sales, and the money collected from other sources, to the…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court.
The rights of the widow are not affected by the will; she is entitled to the same distributive share of the testator’s personal estate, and the same interest in his real estate, that she would have been had he died intestate. The will having been made before the marriage did not contain any provision for her; no renunciation therefore, was necessary oh her part, because there was nothing for her to renounce. Her rights are the same they would have been had her husband died intestate. Cummings' ex'or. v. Daniel and wife, 9 Dana, 361.
But as she is…
2Cases cited2 opinions
- Craig v. LeslieSupreme Court of the United States · 1818
- Cummings' & v. DanielCourt of Appeals of Kentucky · 1840
3Cited by1 opinion
- Studebaker Bros. Manufacturing Co. v. DeMossIndiana Court of Appeals · 1916