Garner v. Wills
Court of Appeals of Kentucky
Case 73 — PETITION EQUITY APPEAL PROM CLARK COURT OP COMMON PLEAS. 1. "Where a married woman claims the rights of a feme sole it must affirmatively appear from the pleadings setting up the right that the court had jurisdiction to grant it.
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Case 73 — PETITION EQUITY APPEAL PROM CLARK COURT OP COMMON PLEAS. 1. "Where a married woman claims the rights of a feme sole it must affirmatively appear from the pleadings setting up the right that the court had jurisdiction to grant it. (Jacob’s Adm’r v. L. & N. B. E. Co., 10 Bush, 269.) 2. The decree of a court of equity conferring upon a married woman the right to dispose of her estate by will or deed does not defeat the husband’s right of curtesy. 1. In asserting the right of a married woman to act as a feme sole under decree of court it is not necessary to allege the facts conferring…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
The appellants sued the appellee, B. W. Wills, on some promissory notes executed by him to them and sought to subject his curtesy in his deceased wife’s lands to the payment of said indebtedness, and in case that could not be done they sought to subject to the payment of said indebtedness the sum of money which, as they allege, his said wife had bequeathed her two children, her devisees under her will, to pay him annually for a support. Said two children, Gr. L. Wills and Mattie J. Azbell, by their petition, were made defendants to said action,…
2Cases cited1 opinion
- Hart v. GrigsbyCourt of Appeals of Kentucky · 1879
3Cited by6 opinions
- Bains v. Globe Bank & Trust Co.Court of Appeals of Kentucky · 1910
- Louisville Tobacco Warehouse Co. v. ThompsonCourt of Appeals of Kentucky · 1916
- Simmons' Admr. v. SimmonsCourt of Appeals of Kentucky · 1912
- Fidelity Trust & Safety Vault Co. v. WalkerCourt of Appeals of Kentucky · 1903
- Turner v. HeinbergIndiana Court of Appeals · 1902
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