Legal Opinion

Ashby v. Woolfolk

Court of Appeals of Kentucky

Decided January 17, 1861Published

CASE 20 — IN EQUITY — APPEAL FROM HOPKINS CIRCUIT COURT. cited 7 B. Mon., 535; 5 lb., 84; 1 Met., 234; 4 B. Mon., 237 ; 2 Story’s Eq., 640; Clancy on Right's, 144 to 150; Story’s Eq., 640; Roper on Husband and Wife, 149 to 170; 5 B. Mon., 31; 7 lb., 348; 2 Marsh., 108; 5 Mon., 544; Smith’s Leading Cases Eq., 619, 642,662, 666; Story’s Eq., 384, 385.

1Opinion of the CourtChief Justice Stites

Bounds Ashby died in 1831, leaving a will, whereby he devised to bis wife, during her life, his entire estate, consisting of land, slaves, and personalty, and at her death said property was to be equally divided between the testator’s children. The widow died in 1858, without having again married ; and, after the death of the testator two of his children died intestate and without issue.

Virginia. Ashby, one of the children and devisees in remainder, intermarried with Presley Ashby after her father’s death, and, in 1843; she, with her husband, executed a deed to Wool-folk, purporting to convey…

2Cases cited3 opinions

  1. Lynn v. BradleyCourt of Appeals of Kentucky · 1858
  2. Thomas v. KennedyCourt of Appeals of Kentucky · 1843
  3. Hord v. HordCourt of Appeals of Kentucky · 1844

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