Thompson v. Myers
Court of Appeals of Kentucky
Case 101 — PETITION EQUITY APPEAL FROM BOONE CIRCUIT COURT. 1. The children take the estate from their mother, or just as she would have taken it if she had survived her husband and died after him. (Gen. Stats., chap. 113, sec. 18.) 2. The real estate of a decedent descends to the heir free from any lien for debts due by the heir to the decedent, the estate of the decedent being upon the same footing as any other creditor of the heir.
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Case 101 — PETITION EQUITY APPEAL FROM BOONE CIRCUIT COURT. 1. The children take the estate from their mother, or just as she would have taken it if she had survived her husband and died after him. (Gen. Stats., chap. 113, sec. 18.) 2. The real estate of a decedent descends to the heir free from any lien for debts due by the heir to the decedent, the estate of the decedent being upon the same footing as any other creditor of the heir. (Gen. Stats., chap. 81, sec. 15; Kcohec v. Bridges & Go., 87 Ky., 427; Sadler v. Huffheimer, 11 Ky. Law Kep., 670.) Brown’s Adm’r v. Mattingly, &e., 91 Ky.,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
In 1888 Joseph Myers died, leaving four children and *598two children of a deceased son. He had, in 1884, executed a will, duly probated after his death, by which he devised his entire estate to his wife, Susan. But as she died first and the will did not make or require a different disposition of the estate devised, it resulted that his children and grandchildren, under sec. 18, chap. 113, Gen. ¡Stats., as heretofore construed by this court, took it “ not as heirs-at-law of the deceased devisee, but as legatees, directly and immediately under his…
2Cases cited3 opinions
- Brown's Adm'r v. MattinglyCourt of Appeals of Kentucky · 1891
- Scobee v. Bridges & Co.Court of Appeals of Kentucky · 1888
- Carson v. Carson'sCourt of Appeals of Kentucky · 1858
3Cited by8 opinions
- Senneff v. BrackeySupreme Court of Iowa · 1914
- Boyer v. RobinsonWashington Supreme Court · 1901
- Lounden v. BollamSupreme Court of Missouri · 1924
- Wells v. JewellCourt of Appeals of Kentucky (pre-1976) · 1929
- Lexington Brewing Co. v. HamonCourt of Appeals of Kentucky · 1913
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