Swinebroad v. Bright
Court of Appeals of Kentucky
Case 87 — Action by Kate B. Swinebroad Against George P. Bright and Others, to Recover a Legacy. APPEAL PROM LINCOLN CIRCUIT COURT — M. C. SAUFLEY, CIRCUIT judge. Judgment for Defendants. Plaintiff Appeals.
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Case 87 — Action by Kate B. Swinebroad Against George P. Bright and Others, to Recover a Legacy. APPEAL PROM LINCOLN CIRCUIT COURT — M. C. SAUFLEY, CIRCUIT judge. Judgment for Defendants. Plaintiff Appeals. Our contention is; 1. That a gift of money made to an heir after the date of the testator’s will.is not an -ademption of a legacy to the same heir, nor even can it he a satisfaction of the legacy unless those claiming against the will allege and prove that such was the intention of the testator at the time the gift, was made. 2. If the contention of appellees that a gift, provision for, or…
1Opinion of the Court
Opinion of the court by
JUDGE WHITE
Reversing.
In December, 1896, Greenberry Bright died, domiciled in Lincoln county, testate, and after his death his will was duly admitted to probate. This will bears date of July 13, 1895, and contains, among others, these provisions; “I will and bequeath to my daughter, Kate Swinebroad, $1,000 in addi*686tion to tlie amount paid to her and family. ... I further direct that Louella Bright, my granddaughter, shall have $250, and- should I pay off any of the donations in my time, I will keep an account.”
The appellant brought this action seeking to recover the…
2Cases cited1 opinion
- Duncan's trustee v. ClayCourt of Appeals of Kentucky · 1877
3Cited by5 opinions
- Combs v. RoarkCourt of Appeals of Kentucky · 1924
- Swinebroad v. BrightCourt of Appeals of Kentucky · 1903
- Louisville Trust Co. v. Southern Baptist Theological SeminaryCourt of Appeals of Kentucky · 1912
- In re Estate of Garratt, Superior Court of California, County of San Francisco1892
- Wilson v. Jefferson Standard Life Ins.District Court, W.D. Kentucky · 1936