Preston v. Fidelity Trust & Safety Vault Co.
Court of Appeals of Kentucky
CASE 48 — PETITION — 1. The statutes of Kentucky give an appeal from the county court to the circuit court in a “ will case” only where the county court has “ probated ”. or “ rejected” the will.
Read the full summary
CASE 48 — PETITION — 1. The statutes of Kentucky give an appeal from the county court to the circuit court in a “ will case” only where the county court has “ probated ”. or “ rejected” the will. (Gen. Stat., chapter on “ Wills,” sections 26, 27, 35, 36; act April 23, 1873, Public Acts 1873, p. 60; Carroll’s Code, p. 380; State v. Fowler, 108 Mo., 465; Walkerley’sEstate, 94 California, 352.) 2. The overruling by the Jefferson County Court of a motion to probate a will, on the ground that the testatrix resided in another county, was not a “final order” or “final judgment,” so as to be…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
Mrs. Mary Howard Preston departed this life on the 17th of November of the year 1892, leaving a paper purporting to be her last will and testament that was offered for probate in the Jefferson Connty Court, and by one of its provisions the Fidelity Trust *300and Safety Yault Company was made,the sole executor.
The contestants, who were the heirs at law of Mrs. Preston, resisted the probate of the will on three grounds — first, because the decedent, at the time of her death, resided in the county of Trimble; second, she was of unsound mind at the time…
2Cited by7 opinions
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- West v. GoldsteinKentucky Supreme Court · 1992
- McKim v. District Court of the Second Judicial District ex rel. County of WashoeNevada Supreme Court · 1910
- Rybolt v. FutrellCourt of Appeals of Kentucky (pre-1976) · 1942
- Whitehead v. RobertsSupreme Court of Connecticut · 1912
2 more not listed; retrieve them via the Exa API.