Garnett v. Foston
Court of Appeals of Kentucky
CASE 22. — PROCEEDINGS FOR THE PROBATION OF THE ■WILL OF JOHN GARNETT, DECEASED. — March 2. Appeal from Daviess Circuit Court. T. P. Birkhead, Circuit Judge. Judgment, probating the will in' the county court. 1. There can now be no appeal from county to circuit court in will cases, without the execution of an appeal bond.
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CASE 22. — PROCEEDINGS FOR THE PROBATION OF THE ■WILL OF JOHN GARNETT, DECEASED. — March 2. Appeal from Daviess Circuit Court. T. P. Birkhead, Circuit Judge. Judgment, probating the will in' the county court. 1. There can now be no appeal from county to circuit court in will cases, without the execution of an appeal bond. (Title XVI., Code of Practice; sections 700 and 724, Code of Practice; Jones v. Jones, 3 Met., 268; sections 20 and 22, Code of 1867.) 2. "No will shall be valid unless it is in writing, with the name of the testator subscribed thereto by himself, or by some other person in…
1Opinion of the Court
OpiuioN by
Judge O’Rear.
— Affirming.
A paper purporting to be the last will and testament of Jolm G'arnett, deceased, was tried for probate in the Daviess Circuit Court, where, upon a trial before a jury, the paper was found to be the will of John G-arnett and ordered to probate.
This appeal involves two questions of law. The first is, is it necessary, in prosecuting an appeal from .a county court to a circuit court, probating, or rejecting a will, that the appellant should execute an appeal bond in the circuit court as an antecedent step in taking the appeal? Title 16, Civil Code of Practice,…
2Cases cited8 opinions
- Flood v. PragoffCourt of Appeals of Kentucky · 1881
- Soward v. SowardCourt of Appeals of Kentucky · 1863
- Sarah Miles' WillCourt of Appeals of Kentucky · 1836
- Upchurch v. UpchurchCourt of Appeals of Kentucky · 1855
- Porter v. FordCourt of Appeals of Kentucky · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1935
- Limbach v. BolinCourt of Appeals of Kentucky · 1916
- Reed v. Hendrix'sCourt of Appeals of Kentucky · 1918
- White v. Commonwealth ex rel. FeckCourt of Appeals of Kentucky · 1957
- Snyder v. General Conference Board of EducationCourt of Appeals of Kentucky · 1924
4 more not listed; retrieve them via the Exa API.