Clark v. Anderson
Court of Appeals of Kentucky
Case 15 — PETITIONS EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Under the former decision of this court in this case — to wit, “Without adjudging whether there was any debt due to the testator from the firm of W. G. & O. M. Anderson, or whether there was a balance of profits standing to his credit as a member of that firm at the time of his death, we think there is no good reason for holding that such debt or balance, if either existed, passed under the devise of the…
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Case 15 — PETITIONS EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. Under the former decision of this court in this case — to wit, “Without adjudging whether there was any debt due to the testator from the firm of W. G. & O. M. Anderson, or whether there was a balance of profits standing to his credit as a member of that firm at the time of his death, we think there is no good reason for holding that such debt or balance, if either existed, passed under the devise of the Grahampton property. Upon the contrary, if there was any such debt or balance, it would seem to have passed under the…
1Opinion of the CourtChief Justice Lindsay
1. The fifth clause of the will of O. M. Anderson, dec’d, contains this language: “I hereby give and devise all my right, title, and interest in the Grahampton Cotton Factory and Mills, and in all of the lands, tenements, and property in and about Grahampton, belonging to the firm of W. G. & O. M. Anderson, to my partner and cousin W. Geo. Anderson in trust.” The beneficiary of the trust is the infant son of the trustee.
All the rest of the testator’s property was devised to his daughter Mary Clark.
In the construction of this will in the case of Clark & wife v. Anderson (10 Bush, 112), this…
2Cases cited2 opinions
- Clark v. AndersonCourt of Appeals of Kentucky · 1873
- Higgins v. McClureCourt of Appeals of Kentucky · 1870
3Cited by10 opinions
- Roach's EstateOregon Supreme Court · 1907
- Richardson v. TysonWisconsin Supreme Court · 1901
- Bay Biscayne Co. v. BaileSupreme Court of Florida · 1917
- Indiana Trust Co. v. GriffithIndiana Supreme Court · 1911
- In Re Estate of O'ConnorCalifornia Court of Appeal · 1905
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