Legal Opinion

Jane v. Prater's administrator

Court of Appeals of Kentucky

Decided December 23, 1859PublishedCited by 1 opinion

CASE 25 — PETITION EQUITY — APPEAL FROM FLEMING CIRCUIT COURT. cited 10 B. Mon., 104; 4 Dana, 247 ; 7 B. Mon., 406; 16 lb., 283 ; 4 J. J. Mar., 102. cited Rev. Stat., 628, sec. 6; Prater vs. Pines, fyc., MS. opinion January 14, 1859; 2 Bibb, 298; 3 B. Mon., 60; 5 Dana, 207; 8 B. Mon., 471.

1Opinion of the Court

JUDGE WOOD

DELIVERED THE OPINION OP THE COURT:

In the case of James H. Prater vs. Edward Pines et al., it was decided by this court, at the last December term, that the devise of the woman Jane to Edward Pines, a free man of color, contained in the seventh clause of the will of Jeremiah Prater, (the 2d,) was ineffectual and utterly void; and, as a consequence, that said woman, not being disposed of by the will, passed to the personal representative of said Prater, as in case of intestacy. At that time there was no claim made by Jane, nor by any one in her behalf, to freedom.

Since that decision,…

2Cases cited4 opinions

  1. Spurrier's Heirs v. ParkerCourt of Appeals of Kentucky · 1855
  2. Johnson's Adm'r v. Johnson's HeirsCourt of Appeals of Kentucky · 1848
  3. Jameson v. EmalineCourt of Appeals of Kentucky · 1837
  4. Esther v. Akins' heirsCourt of Appeals of Kentucky · 1842

3Cited by1 opinion

  1. Miller v. AllenSupreme Court of Oklahoma · 1924

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