Abbott v. Traylor
Court of Appeals of Kentucky
Case 20 — PETITION EQUITY AEPEÍAL FROM FRANKLIN CIRCUIT COURT. CITED General Statutes, chap. 13. Civil Code, secs. 519, 369, 372. 5 Bush, 187, Mason v. Mason.
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Case 20 — PETITION EQUITY AEPEÍAL FROM FRANKLIN CIRCUIT COURT. CITED General Statutes, chap. 13. Civil Code, secs. 519, 369, 372. 5 Bush, 187, Mason v. Mason. CITED 4 Met. 166, Securest v. Edwards. 1 B. Mon. 114, Swift v. Wiley. 3 Mar. 144, Shanks v. Christopher. 1 Duvall, 223, Maupin v. Wools. 2 Met. 450, Montgomery v. Perkins. 4 Met. 103, Knott v. Hogan. 8 Bush, 129, Kerr v. Gibson. 8 Bush, 397, Roots v. Merriwether. 7 Dana, 91, Allison, &c. v. Allison, &c. 17 B. Mon. 640, Barnes, &c. v. Edward. 16 B. Mon. 112, Upchurch v. Upchurch. 17 B. Mon. 390, Tudor v. Tudor.
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion op the 'Court.
This was a proceeding in equity in the Franklin Circuit Court to establish the alleged last will and testament of Jasper Clayton, deceased, which it is charged had been destroyed or suppressed.
■ The dictum in the case of Barnes, etc. v. Edward (17 B. Mon. 640) is by no means conclusive as to the jurisdiction of courts of equity in such cases since the adoption of the Revised Statutes and the Civil Code of Practice. Such jurisdiction was not only questioned, but in effect denied in the case of Bowles, &c. v. Winchester. (MS. Opinion by Chief…
2Cited by5 opinions
- Patton v. SalleeCourt of Appeals of Kentucky · 1914
- Harl v. Vairin'sCourt of Appeals of Kentucky · 1917
- Couchman v. CouchmanCourt of Appeals of Kentucky · 1898
- Thompson v. BeadlesCourt of Appeals of Kentucky · 1878
- Weaver's Heirs v. WeaverCourt of Appeals of Kentucky · 1881