Kyle v. Taylor
Court of Appeals of Kentucky
CASE 12 — APPEAL FROM MERCER CIRCUIT COURT. This action was brought by Taylor and wife against Kyle, administrator, with the will annexed of Buckner Miller, deceased, to recover two legacies of $500 each, bequeathed by him to Mrs. Taylor, (then Jane B. Miller) his granddaughter.
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CASE 12 — APPEAL FROM MERCER CIRCUIT COURT. This action was brought by Taylor and wife against Kyle, administrator, with the will annexed of Buckner Miller, deceased, to recover two legacies of $500 each, bequeathed by him to Mrs. Taylor, (then Jane B. Miller) his granddaughter. The administrator resisted the recovery mainly upon the ground that Mrs. Taylor was possessed of an interest in the Missouri land mentioned in the opinion, and had not made a conveyance of her interest therein. Judgment having been rendered against him, he prosecutes this appeal. The clauses of the will bearing upon…
1Opinion of the Court
JUDGE STITES
delivered the opinion op the court :
The 13th clause of Miller’s will manifestly recognizes the existence of some right on the part of his children and grandchildren to the land the testator claimed in Missouri, and which he devised to his son Robert; and the provision in that clause which diminishes the sums specifically devised to Mrs. Taylor and her co-devisees, to the extent of the value of any interest they or either of them may successfully assert in the Missouri land, presents a case for election between the sums devised and their supposed interests in the land.
This seems to…
2Cited by12 opinions
- Albany & Rensselaer Co. v. LundbergSupreme Court of the United States · 1887
- Pease v. PeaseSupreme Court of Connecticut · 1868
- Goodenough v. ThayerMassachusetts Supreme Judicial Court · 1882
- Quintin v. MagnantMassachusetts Supreme Judicial Court · 1934
- Ratte v. RatteMassachusetts Supreme Judicial Court · 1927
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