Legal Opinion

McCarty v. McCarty

Court of Appeals of Kentucky

Decided January 9, 1871PublishedCited by 5 opinions

Case 16 — PROBATE OF WILL APPEAL FROM FAYETTE CIRCUIT COURT. CITED Civil Code, sections 369, 371, 579, 20, 22, 580. Hardin, 362. 1 Littell, —. 18 B. Monroe, 846, Kay v. Kean. 1 Bibb, 309, Heydon v. Lockhart. 5 Littell, 19, Rudd & Ferguson v. Johnson. 5 J. J. Marshall, —, Arnold v. Paxton. ■ 2 Bush, 45, Small v. Small. 4 Bibb, 508, Wallace v. Usher. 4 Bibb, 85, Moll voy v. Speed. 2 Duvall, 81, Jones & Kelly v. Commonwealth. 4 Bush, 590, Green v. Ball. 4 Bibh, 386, Watson v.…

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Case 16 — PROBATE OF WILL APPEAL FROM FAYETTE CIRCUIT COURT. CITED Civil Code, sections 369, 371, 579, 20, 22, 580. Hardin, 362. 1 Littell, —. 18 B. Monroe, 846, Kay v. Kean. 1 Bibb, 309, Heydon v. Lockhart. 5 Littell, 19, Rudd & Ferguson v. Johnson. 5 J. J. Marshall, —, Arnold v. Paxton. ■ 2 Bush, 45, Small v. Small. 4 Bibb, 508, Wallace v. Usher. 4 Bibb, 85, Moll voy v. Speed. 2 Duvall, 81, Jones & Kelly v. Commonwealth. 4 Bush, 590, Green v. Ball. 4 Bibh, 386, Watson v. Morrison. CITED 13 B. Monroe, 311, Stevenson v. Huddleson. 5 Bush, 576, Walters v. Ratliff. 5 Littell, 280, Wells’s will.…

1Opinion of the CourtChief Justice Pryor

Daniel McCarty and others, as heirs at law of Jeremiah McCarty, deceased, filed their petition in equity in the Fayette Circuit Court against Cynthia McCarty, the widow of the decedent, etc., alleging that at the time of his death he was seized in fee of a certain house and lot in the city of Lexington, and that no division thereof could be made between the heirs. They ask for a sale of the property, and a distribution of the proceeds of sale between the widow and heirs, according to their respective rights.

Cynthia McCarty, the widow, and the infant children of M. J. McCarty, all being…

2Cases cited1 opinion

  1. Walters v. RatliffCourt of Appeals of Kentucky · 1869

3Cited by5 opinions

  1. Marlowe v. CommonwealthCourt of Appeals of Kentucky · 1911
  2. Commonwealth v. WeissingerCourt of Appeals of Kentucky · 1911
  3. Patton v. SalleeCourt of Appeals of Kentucky · 1914
  4. Couchman v. CouchmanCourt of Appeals of Kentucky · 1898
  5. Commonwealth v. Adams Express Co.Court of Appeals of Kentucky · 1906

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