Mallory's Adm'rs v. Mallory's Adm'r
Court of Appeals of Kentucky
Cabe 61 — PETITION EQUITY APPEAL PROM TODD CIRCUIT COURT. 1. Where the widow dies before the articles of personal property exempt from distribution and sale have been set apart to her, those who take after her are entitled to recover what she would have received had the appraisers acted in her lifetime. (Crabtree v. Crabtree’s Adm’r, MS. Op., Superior Court, January Term, 1890; Singleton v. Mc-Querry, 8 Ky.
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Cabe 61 — PETITION EQUITY APPEAL PROM TODD CIRCUIT COURT. 1. Where the widow dies before the articles of personal property exempt from distribution and sale have been set apart to her, those who take after her are entitled to recover what she would have received had the appraisers acted in her lifetime. (Crabtree v. Crabtree’s Adm’r, MS. Op., Superior Court, January Term, 1890; Singleton v. Mc-Querry, 8 Ky. Law Rep., 782; Brown v. Joiner, 77 G-a., 232.) 2. The ante-nuptial contract relied on was a contract “in consideration of marriage” and therefore within the Statute of Nrauds. (Potts v.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
A. W. Mallory, the appellee’s intestate, was a widower with children and C. L. Mallory, the appellant’s intestate, was a widow with one child, a son; both of these persons owned property and married each other. The husband, the appellee’s intestate, died, and in a few days thereafter, and before the personal property that the statute gives to the widow and which is to be set apart to her was set apart, C. L. Mallory, wife of A. W. Mallory, and the *318appellant’s intestate, died. This suit was instituted by-appellant, as administrator, to recover of…
2Cases cited1 opinion
- Southerland v. Southerland's adm'rCourt of Appeals of Kentucky · 1869
3Cited by18 opinions
- Stratton v. WilsonCourt of Appeals of Kentucky · 1916
- Rowell v. BarberWisconsin Supreme Court · 1910
- Hicks v. Oak's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Sammons v. Higbie's EstateSupreme Court of Minnesota · 1908
- Koontz v. KoontzWashington Supreme Court · 1915
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