Taylor v. Jones
Court of Appeals of Kentucky
Case 34 — PETITION EQUITY APPEAL FROM CLARK CIRCUIT COURT- The share of Roger Jones, Jr., in the real estate of the testator should be first applied to the payment of the debt he owes the estate. (Brown’s Admr. v. Mattingly, 12 Ky. Law Rep., 86!); S. C. 91 Ky., 275; Waterman on Set-off., 234.)
1Opinion of the Court
JUDGE GRACE
delivered the opinion of the court.
The question made on this appeal involves the interest of Roger W. Jones and his assignee in his father, Roger Jones’ estate, and involves a construction of the will of the father which has once before been in this court for consideration, and the record then made being part of this same suit is now considered in this case. That portion of the will of Roger Jones pertaining to the controversy reads as follows:
“I will and devise all my property of every kind and description, real, personal, and mixed, unto hay beloved wife, Lucy M. Jones, in trust,…
2Cases cited1 opinion
- Brown's Adm'r v. MattinglyCourt of Appeals of Kentucky · 1891
3Cited by2 opinions
- Alderson v. Alderson's Gd'nCourt of Appeals of Kentucky · 1905
- Lambright v. LambrightOhio Supreme Court · 1906