Attorney General v. Wallace's Devisees
Court of Appeals of Kentucky
Error to the Mason Circuit. Chancery ..'Case 151. The clause of the will of Thos. Wallace out of which the controversy arises. The-codicil-. Tlie'bilT, its allegations and object. Answer of defts. Decree of the, Circuit Court- When the venue in a cause has been changed to a county where one of the parties resides, the Court may remand, but cannot send it to any other county than that fiom which it was removed.
Read the full summary
Error to the Mason Circuit. Chancery ..'Case 151. The clause of the will of Thos. Wallace out of which the controversy arises. The-codicil-. Tlie'bilT, its allegations and object. Answer of defts. Decree of the, Circuit Court- When the venue in a cause has been changed to a county where one of the parties resides, the Court may remand, but cannot send it to any other county than that fiom which it was removed. The testalor devised estate to his daughter, with a limitation over to others if she should die without leaving -any child alive at her death.— Held that the limitation was ■good as an…
1Opinion of the Court
Judge Breck
delivered the opinion of the Court. —
Chief Justice Marshall did not sit in this case.
The will of Thomas Wallace, who died in the county of Fleming in 1840, having a large estate, contains the fellowing provisions:
“I dc hereby will and bequeath ail my estate, real and personal, of every description and kind whatever, except the sums hereafter willed to other persons, to my beloved daughter, Amelia Sarah Wallace, on the terms and conditions hereafter named, viz: I will all my real estate, and two thirds of all my personal property of every description that I may own at my death,…
2Cases cited3 opinions
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Gass v. WilhiteCourt of Appeals of Kentucky · 1834
- Curling's Administrators v. Curling's HeirsCourt of Appeals of Kentucky · 1839
3Cited by23 opinions
- Estate of HinckleyCalifornia Supreme Court · 1881
- Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
- Coleman, &c. v. O'Leary's Exr.Court of Appeals of Kentucky · 1902
- Quinlan v. WickmanIllinois Supreme Court · 1908
- Jenkins v. BerryCourt of Appeals of Kentucky · 1904
18 more not listed; retrieve them via the Exa API.