Legal Opinion

Cape v. Cape

Court of Appeals of Kentucky

Decided February 10, 1910PublishedCited by 3 opinions

CASE 75. — ACTION BY R. T. CAPE AND OTHERS AGAINST CLAUDIUS C. CAPE AND OTHERS. — Appeal from Russell Circuit Court. J. C. Carter, Circuit Judge. From an order dismissing the action plaintiffs appeal. —

1Opinion of the Court

Opinion of the Court by

Chief Justice Nunn

— ■ Affirming.

*626In the year 1908 one Thomas Cape died in Russell county, Ky., and left a will by which he devised to his wife, Mary C. Cape, and his son, Claudius C. Cape, all his property, except some minor devises made to his other children and grandchildren, appellants. T-Fis executor had the will probated in the county court. Appellants filed this action in the circuit court and took the necessary steps to appeal from the order of the county court probating the will. They alleged in their petition that Thomas Cape was mentally incapacitated to…

2Cases cited1 opinion

  1. Pryor v. MiznerCourt of Appeals of Kentucky · 1881

3Cited by3 opinions

  1. Ostlund v. EcklundNorth Dakota Supreme Court · 1919
  2. Lexington & Eastern Railway Co. v. SextonCourt of Appeals of Kentucky · 1921
  3. Chesapeake & Ohio Railway Co. v. OsbornCourt of Appeals of Kentucky · 1912

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