Legal Opinion

Shields v. Smith

Court of Appeals of Kentucky

Decided March 9, 1871PublishedCited by 8 opinions

Case 3^-PETITION EQUITY ' APPEAL PROM SPENCER CIRCUIT COURT. CITED 1 Duvall, 222, Williams v. Williams. 5 Bush, 606, Cromie’s will. 6 Bush, 512, Hunter v. Jewell. 1 Littell, 93. 7 Dana, 1-12, Clay v. Hart, &e. Revised Statutes, sec. 14, 1 Stanton, 515. CITED Revised Statutes, secs. 5, 9, 13, chap. 37. Ms. Opinion, 1869, Smith v. Haywood. Civil Code, section 520. 1 Metcalfe, 516, Wood v. Wood.

1Opinion of the Court

JUDGE HARDIN

delivered the opinion oe the court.

Levi Smith died in 1866, leaving a will by which he devised most of his estate, consisting in part of several tracts of land, to his wife, Harriet Smith, for her own use during her widowhood; and he directed a division of his estate ’ among his children at the death of his wife, to be made by his executors either by a division of the property in kind or a sale of the property and a division of the proceeds, in the discretion of the executors. The widow renounced the provisions of the will; and the executors refusing to qualify, Jonathan Davis was…

2Cited by8 opinions

  1. Aetna Casualty & Surety Co. v. YoungSupreme Court of Oklahoma · 1924
  2. Warfield v. Brand's adm'rCourt of Appeals of Kentucky · 1877
  3. Hodgin v. TolerSupreme Court of Iowa · 1886
  4. Evans' Admr. v. EvansCourt of Appeals of Kentucky · 1909
  5. Crouse v. PetersonCalifornia Supreme Court · 1900

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