Legal Opinion

Rutherford's heirs v. Clark's heirs

Court of Appeals of Kentucky

Decided September 25, 1868PublishedCited by 7 opinions

CASE 8 — PETITION EQUITY APPEAL FROM LINCOLN CIRCUIT COURT. CITED- Act of 1797, secs. 10, 13, B. $ M., 1542. Act of 1820, M. Sp B., 1548. Act of 1842, Lough., 545. Act of 1810, M. 4- B., 671. 3 Marshall, 380; Brown vs. Hobson. 1 Dana, 304; Simpson vs. Hawkins.

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CASE 8 — PETITION EQUITY APPEAL FROM LINCOLN CIRCUIT COURT. CITED- Act of 1797, secs. 10, 13, B. $ M., 1542. Act of 1820, M. Sp B., 1548. Act of 1842, Lough., 545. Act of 1810, M. 4- B., 671. 3 Marshall, 380; Brown vs. Hobson. 1 Dana, 304; Simpson vs. Hawkins. Revised Statutes, 1 Stanton, 513. CITED— 1 Littell, 258; Owings vs. Beall. 3 Marshall, 303 ; Embry vs. Miller. 4 Bibb, 484; Carmichael vs. Elsendorf. 3 J. J. Mar., 249, 250 ; Coleman vs. McKinney. 2 Bibb, 387; 2 Bibb, 220. 1 Metcalfe, 101-2; Coffey vs. Wilkinson’s heirs. 5 N. Y., 483; 9 N. Y., 241. 9 Johnson, 55; 12 Johnson, 488. 10…

1Opinion of the Court

JUDGE ROBERTSON

delivered the opinion op the court:

Robert Rutherford, a citizen of Virginia, domiciled in Jefferson county, in that State, died in the year 1805, leaving children, and a will published in the year 1802, which was proved and recorded in the proper court of probate; and on the 12th of June, 1805, John Morrow, one of several nominated executors, alone accepted, executed bond, and acted as sole executor.

Apprehending some insufficiency of personal assets for the payment of debts and legacies, the testator, owning lands in Virginia, and in Lincoln (now Laurel) and in Mercer (now…

2Cases cited1 opinion

  1. Owings v. BeallCourt of Appeals of Kentucky · 1822

3Cited by7 opinions

  1. Marrett v. Babb's Ex'rCourt of Appeals of Kentucky · 1891
  2. Allison v. Cocke'sCourt of Appeals of Kentucky · 1899
  3. Dunevant v. Radford's Admr.Court of Appeals of Kentucky · 1910
  4. Fletcher v. American Trust & Banking Co.Supreme Court of Georgia · 1900
  5. Smith v. McIntyreCourt of Appeals for the Sixth Circuit · 1899

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