Grider v. Eubanks
Court of Appeals of Kentucky
Case 7 — PETITION EQUITY APPEAL FROM WARREN CIRCUIT COURT. 1. The devise to appellant by her husband of his whole estate was of no value to her, as the whole estate was consumed in the payment of his debts. • 2. A deed containing no words of grant or release on the part of the wife is wholly insufficient as to her.
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Case 7 — PETITION EQUITY APPEAL FROM WARREN CIRCUIT COURT. 1. The devise to appellant by her husband of his whole estate was of no value to her, as the whole estate was consumed in the payment of his debts. • 2. A deed containing no words of grant or release on the part of the wife is wholly insufficient as to her. (Hatcher and wife v. Andrews, &c., 5 Bush, 561; 1 Wash, on Real Property, 231.) 3. When the husband conveys land and warrants title, the wife, if she claims dower, will be barred to the extent of the value of all she receives by devise from him. 4. The right of the widow to dower…
1Opinion of the CourtChief Justice Lindsay
Ben. C. Grider, wbo died in 1872, devised all his estate, real and personal, to his wife, Fanny W. Grider. A few days after his death his will was regularly probated, and his widow and sole devisee, was appointed the administratrix of his estate. More than three years after she had undertaken the execution of the will, she instituted this action in the Warren Circuit Court against divers persons, the vendees direct or remote of her late husband. She claimed that she was entitled to dower in the lands held by them, and asked that it should be allotted her.
Among other defenses relied on by the…
2Cases cited1 opinion
- Smither v. Smither'sCourt of Appeals of Kentucky · 1872
3Cited by6 opinions
- Ludington v. PattonWisconsin Supreme Court · 1901
- Perry v. WilsonCourt of Appeals of Kentucky · 1919
- Bayes v. HowesCourt of Appeals of Kentucky · 1902
- Smith v. PerkinsCourt of Appeals of Kentucky · 1912
- Maynard's Adm'r v. MaynardCourt of Appeals of Kentucky (pre-1976) · 1940
1 more not listed; retrieve them via the Exa API.