Deppen's Trustee v. Deppen
Court of Appeals of Kentucky
Appeal from Jefferson Circuit Court; (Chancery Branch, First Division.) Shackelford Miller, Judge. From the judgment defendants appeal POINTS AND AUTHORITIES. 1. A codicil or subsequent will leaves original will in full force, except as modified by the subsequent instrument. (Page on Wills, sec. 269; Bedford, &c. v. Bedford’s Admr., 99 Ky. 275; Gordon v. Whitlock, &c., 24 S. E. 342; Muller, &.C. v. Muller, &e., 24 Ky. Law Rep. 207; Am. & Ehg.
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Appeal from Jefferson Circuit Court; (Chancery Branch, First Division.) Shackelford Miller, Judge. From the judgment defendants appeal POINTS AND AUTHORITIES. 1. A codicil or subsequent will leaves original will in full force, except as modified by the subsequent instrument. (Page on Wills, sec. 269; Bedford, &c. v. Bedford’s Admr., 99 Ky. 275; Gordon v. Whitlock, &c., 24 S. E. 342; Muller, &.C. v. Muller, &e., 24 Ky. Law Rep. 207; Am. & Ehg. Ency. of Law,'vol. 30; Driggs v. Plunkett, 105 S. W. 976; Deskins v. Williamson, 106 S. W. 258; Wood v. Wood, 106 S. W. 226; Newcomb v. Fidelity Trust…
1Opinion of the Court
*758Opinion op the Court by
Chief Justice Settle
Affirming.
Henrietta Deppen, a resident of the city of Louisville, died in that city i'n the early part of the year 1906, leaving two writtén instruments, which together disposed1 of her éntiré estate. The first reads as follows:
“I, Henrietta Deppeit, of Louisville, Ky., being of lawful age and sound mind and memory, dlo make and declare this to be my lást will and testament.
“First: I direct my executor hereinafter named, to pay all my just debts and funeral expenses as soon after my death as convenient.
“Second: I do not make any provision for my son,…
2Cases cited3 opinions
- Mayes v. KarnCourt of Appeals of Kentucky · 1903
- Hunt v. JohnsonCourt of Appeals of Kentucky · 1850
- Howard v. Howard's ex'rCourt of Appeals of Kentucky · 1868
3Cited by24 opinions
- In Re Estate of BerglandCalifornia Supreme Court · 1919
- Martin v. DialTexas Commission of Appeals · 1933
- In re the Judicial Settlement of the Account of Proceedings HardenAppellate Division of the Supreme Court of the State of New York · 1917
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- Breckinridge v. Breckinridge's Ex'rsCourt of Appeals of Kentucky (pre-1976) · 1936
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