Upchurch v. Upchurch
Court of Appeals of Kentucky
APPEAL FROM WAYNE CIRCUIT. The facts of the case are stated -in the opinion of the Court. Rrp. The sufficiency of the subscription of ihe testator and the subscribing witnesses, are the only questions presented in tiiis case lor the adjudication of the court. Upon the other points there is no controversy or doubt, and appellant insists that the subscription of the testator and the attesting witnesses are substantially in conformity with the requirements of the statute.
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APPEAL FROM WAYNE CIRCUIT. The facts of the case are stated -in the opinion of the Court. Rrp. The sufficiency of the subscription of ihe testator and the subscribing witnesses, are the only questions presented in tiiis case lor the adjudication of the court. Upon the other points there is no controversy or doubt, and appellant insists that the subscription of the testator and the attesting witnesses are substantially in conformity with the requirements of the statute. From the testimony it appears that the testator had his will written, and sent ibr the witnesses, Redman and the two Keetons,…
1Opinion of the Court
Jmlgo’’titbs
delivered tlie opinion of tlic Court.
On the 18th of July, 1N53, a few months before his death, Thomas Upchurch procured his brother Joseph to write his will, and subscribe his name thereto. On the sanie day, Redman and the two Keetons, Cyrus and Joel, were requested by the testator to subscribe their names as witnesses to said will. The paper was produced by the testator with bis name already subscribed, to which he affixed bis mark, and it was then acknowledged by him, in the presence of Redman and the Keetons, to be his last will and testament. Redman, thereupon, subscribed his…
2Cases cited2 opinions
- Case of Cochran's Will & TestamentCourt of Appeals of Kentucky · 1814
- Shanks v. ChristopherCourt of Appeals of Kentucky · 1820
3Cited by14 opinions
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Ledford v. HubbardCourt of Appeals of Kentucky (pre-1976) · 1926
- Soward v. SowardCourt of Appeals of Kentucky · 1863
- Garnett v. FostonCourt of Appeals of Kentucky · 1906
- Rybolt v. FutrellCourt of Appeals of Kentucky (pre-1976) · 1943
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