Stroud v. Ross
Court of Appeals of Kentucky
•Case 79 — Action by R. M. Stroud against the Heirs of His Deceased 'Wife to Enforce a Written Contract Made between Himself and Wife. APPEAL FROM DAVIESS CIRCUIT COURT — WILLIAM T. OWEN, CIRCUIT JUDGE.
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•Case 79 — Action by R. M. Stroud against the Heirs of His Deceased 'Wife to Enforce a Written Contract Made between Himself and Wife. APPEAL FROM DAVIESS CIRCUIT COURT — WILLIAM T. OWEN, CIRCUIT JUDGE. Judgment for Defendant and Plaintiff Appeals. 1. We insist that a written contract signed by both husband and wife agreeing that at the death of either, the survivor shall own all the property belonging to the one first dying, is an enforeihle contract by the husband where the wife died without' issue. 2. Such a writing is either (1) a will between the parties; (2) an agreement to make a will;…
1Opinion of the Court
Opinion of the court by
Chief Justice BURNAM
Reversing.
R. M. Stroud and Delia Stroud were married in 1886, and *632Jived together as husband and wife until the death of Mrs. Stroud in 1901. No children were born to them.. On the 26th of October, 1898, the following writing was drawn by R. M. Stroud and signed by him and his wife: “South Carrolton, Ky., October 26, 1898. This agreement, made and entered into by and between R. M. Stroud and Delia Stroud, his wife, by mutual consent and! of their own free will, and do enter into the following agreement for their own protection in case of the death of…
2Cases cited4 opinions
- Livingston v. LivingstonNew York Court of Chancery · 1817
- Burdeno v. AmperseMichigan Supreme Court · 1866
- Hinman v. ParkisSupreme Court of Connecticut · 1866
- Brown v. DaltonCourt of Appeals of Kentucky · 1899
3Cited by6 opinions
- Edleson v. EdlesonCourt of Appeals of Kentucky · 1918
- Jones v. Louisville Tobacco Warehouse Co.Court of Appeals of Kentucky · 1909
- Coleman v. ColemanCourt of Appeals of Kentucky · 1911
- Sandusky v. SanduskyCourt of Appeals of Kentucky · 1915
- Security Bank v. Zimlich'sCourt of Appeals of Kentucky (pre-1976) · 1935
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