Urey's Adm'r v. Urey's Ex'x
Court of Appeals of Kentucky
Case 51 — PETITION EQUITY APPEAL FROM CALDWELL CIRCUIT COURT. 1. A will wholly contingent may he made absolute and operative by a properly executed codicil. (Beal v. Cunningham, 3 B. M., 390; 76 Am. Dec., 699; Redfield on Wills, vol. 1, p. 273.) 2. Judgment of a county court admitting a will to probate can only be questioned by appeal to the circuit court.
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Case 51 — PETITION EQUITY APPEAL FROM CALDWELL CIRCUIT COURT. 1. A will wholly contingent may he made absolute and operative by a properly executed codicil. (Beal v. Cunningham, 3 B. M., 390; 76 Am. Dec., 699; Redfield on Wills, vol. 1, p. 273.) 2. Judgment of a county court admitting a will to probate can only be questioned by appeal to the circuit court. (Abbott v. Taylor, 11 Bush, 337; Hughey v. Sidwell’s Heirs, 18 B. M., 260.). 3. The plain and unambiguous provisions of a will must prevail over doubtful or ambiguous provisions. (2 Jarman on Wills, page 57; 3 Jarman on Wills, p. 706; 6…
1Opinion of the CourtChief Justice Pryor
P. W. Urey, born in Ireland but a naturalized citi*356zen of the United States, died in the town of Princeton, where he had resided for many years, leaving a last will and testament that was admitted to p>robate in the Caldwell County Court, his wife, P'ernecy Urey, qualifying as executrix. His death took place in July, 1864, and his widow, the executrix, took charge of his estate, and now holds and claims it as her own under certain provisions of the testator’s will.
The testator left no children surviving him, but brothers and sisters and their descendants; his father and mother having died long…
2Cases cited2 opinions
- Maxwell v. MaxwellCourt of Appeals of Kentucky · 1860
- Dougherty v. DoughertyCourt of Appeals of Kentucky · 1862
3Cited by2 opinions
- Green v. StateCourt of Criminal Appeals of Texas · 1917
- Trustees of Home for Poor Catholic Men v. ColemanCourt of Appeals of Kentucky · 1906