Arterburn's Executors v. Young
Court of Appeals of Kentucky
Case 15 — PETITION EQUITY APPEAL. PROM LOUISVILLE CHANCERY COURT. 1. The probate of a will by a county court is an ex-parte proceeding. It is in the nature of a proceeding in rem. It presents the question of will or no will, and the decision of that question is, while it lasts, binding not only upon the parties interested in the probate or rejection of the will and their privies, but upon all the world.
Read the full summary
Case 15 — PETITION EQUITY APPEAL. PROM LOUISVILLE CHANCERY COURT. 1. The probate of a will by a county court is an ex-parte proceeding. It is in the nature of a proceeding in rem. It presents the question of will or no will, and the decision of that question is, while it lasts, binding not only upon the parties interested in the probate or rejection of the will and their privies, but upon all the world. It is conclusive of the question of will or no will, and as to the rights of parties under the will until the order is superseded, reversed, or annulled. (Wells on Bes Adjudicata, sec. 576;…
1Opinion of the CourtChief Justice Pr Yob
A paper purporting to be the last will and testament of Conrad Young was properly proved and admitted to probate by the Jefferson County Court, on the 23d of May, in the year 1860, by which he made his wife, Anna M. Young, his sole devisee, and also executrix. At the time of his death he was the owner of valuable real estate in the city of Louisville, and left surviving him several infant children, who are the appellees in this appeal.
The widow took possession of the property, and retained the use and occupancy for many years, and having intermarried with one Lemberger, she and her husband,…
2Cited by9 opinions
- Fears v. United Loan & Deposit BankCourt of Appeals of Kentucky · 1916
- Lisle v. CouchmanCourt of Appeals of Kentucky · 1912
- Patton v. SalleeCourt of Appeals of Kentucky · 1914
- Garnett v. FostonCourt of Appeals of Kentucky · 1906
- Newbern v. LeighSupreme Court of North Carolina · 1922
4 more not listed; retrieve them via the Exa API.