Webster v. Lowe
Court of Appeals of Kentucky
Case 52 — WILL CASE APPEAL FROM CARROLL CIRCUIT COURT. 1. The paper in question is testamentary in character, showing clearly the intention of the testator that Webster and wife should have the property named in it. The form is immaterial. Fee v. Taylor, 83 Ky., 259. 2. The circumstances of this case overcome the presumption that the ,, testator had revoked his former wills.
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Case 52 — WILL CASE APPEAL FROM CARROLL CIRCUIT COURT. 1. The paper in question is testamentary in character, showing clearly the intention of the testator that Webster and wife should have the property named in it. The form is immaterial. Fee v. Taylor, 83 Ky., 259. 2. The circumstances of this case overcome the presumption that the ,, testator had revoked his former wills. Steele v. Price, 5 B. M., 66. 3. The county court having probated a paper as the last will and •testament of the deceased person, and the administrator having been duly appointed by the county court, it is error for the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
A motion was made in the Carroll County Court to have the paper which reads as follows, to wit: '“I was born December 28, 1804, — three days before New Year. Came from England to New York, July, 1839. Went to Piqua to reside. Stayed there two or three years. Taught school part of the time, and part working at my trade (hatter). From there, I and my wife moved to Cincinnati. I took a situation under the employ of Wm. Dodd, Main street, 144. I remained with him thirteen or fourteen years, foreman of the manufacturing department, and in the last…
2Cases cited5 opinions
- Clarke v. RansomCalifornia Supreme Court · 1875
- Mercer v. Mercer's Adm'rCourt of Appeals of Kentucky · 1888
- Succession of EhrenbergSupreme Court of Louisiana · 1869
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- Johnson v. YanceySupreme Court of Georgia · 1856
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- Ferguson v. BillupsCourt of Appeals of Kentucky (pre-1976) · 1932
- Baltzell v. AtesCourt of Appeals of Kentucky · 1918
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