Legal Opinion
Huffman v. Payne
Court of Appeals of Kentucky
Decided February 15, 1957PublishedCited by 2 opinions
1Opinion of the Court
CLAY, Commissioner.
This, suit originated as an action by the executrix of the estate of Joseph L. Huffman to sell real estate to pay debts. Appellant Edna Huffman filed a counter and a cross-claim seeking to reform the joint will executed by her and her husband, Joseph. The Chancellor denied her the relief sought.
The joint will of Joseph and his wife Edna was drawn by an attorney. After making two bequests of $500, it provided in Item 4 that the survivor should have all personal property “absolutely and in fee simple”.
The pertinent part of Item 5 provided as follows:
“We give and devise to the…
2Cases cited3 opinions
- McNabb v. South Eastern Gas Co. of West Va.Court of Appeals of Kentucky (pre-1976) · 1937
- Edgewater Coal Co. v. SwinneyCourt of Appeals of Kentucky (pre-1976) · 1933
- Wheeler v. KeetonCourt of Appeals of Kentucky · 1953
3Cited by2 opinions
- Campbellsville Lumber Co. v. WinfreyCourt of Appeals of Kentucky · 1957
- Tracy Napier v. Greg Combs, Individually, and in His Capacity as of the Estate of Sharon Ann CombsCourt of Appeals of Kentucky · 2023