Legal Opinion

Smither v. Smither's

Court of Appeals of Kentucky

Decided January 8, 1872PublishedCited by 10 opinions

Case 9 — PETITION EQUITY APPEAL FROM WOODFORD CIRCUIT COURT. CITED Sneed’s Rep. (Pr. Dec.) 402, Nicholas v. Nicholas. Adam’s Equity, s. p. 96. 7 B. Mon. 615. Saxton’s Ch’y, 40, Dutch Church v. Akerman. Morehead & Brown’s Digest, 628. 2 Story’s Equity, sec. 1098. 1 Leading Cases in Equity, 419. 2 Scribner on Dower, 468, 473,474. 7 How. (Miss.) 665, Ex parte Delilah Moore. 3 Sandf.

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Case 9 — PETITION EQUITY APPEAL FROM WOODFORD CIRCUIT COURT. CITED Sneed’s Rep. (Pr. Dec.) 402, Nicholas v. Nicholas. Adam’s Equity, s. p. 96. 7 B. Mon. 615. Saxton’s Ch’y, 40, Dutch Church v. Akerman. Morehead & Brown’s Digest, 628. 2 Story’s Equity, sec. 1098. 1 Leading Cases in Equity, 419. 2 Scribner on Dower, 468, 473,474. 7 How. (Miss.) 665, Ex parte Delilah Moore. 3 Sandf. Ch’y, 519, Howland v. Heckscher. 1 Bishop on Law of Married Women, sec. 440. 2 Redfield on Wills, sec. 69, p. 754. 7 Dana, 391, Howell’s heirs v. McCreery’s heirs. 11 B. Mon. 370, McAlister and wife v. Brand’s heirs.

1Opinion of the Court

JUDGE PRYOR

delivered the opinion oe the court.

Clark O. Smither died in the county of Woodford, childless, leaving a last will and testament, his widow, Margaret E. Smither (the appellant), surviving him. Sidney U. Robertson, the executor of his will, filed a petition in equity in the Woodford Circuit Court for the purpose of having a proper construction of that instrument and a settlement of the estate. He alleges that the personal estate is insufficient to pay the debts of the devisor, and obtained an injunction, as provided by law in such cases, against the creditors, restraining them from…

2Cited by10 opinions

  1. Ludington v. PattonWisconsin Supreme Court · 1901
  2. Van Steenwyck v. WashburnWisconsin Supreme Court · 1884
  3. Andrews v. BassettMichigan Supreme Court · 1892
  4. Perry v. WilsonCourt of Appeals of Kentucky · 1919
  5. Bayes v. HowesCourt of Appeals of Kentucky · 1902

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