Pusey's Trustee v. Wathen
Court of Appeals of Kentucky
Case 75 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. Any claim to contribution arising among devisees or heirs must, to be-sustained, he founded on some section of chapter 23, General Statutes. 2. Section 6 of chapter 23, General Statutes, by its express language, is applicable only to specific legatees, and hence can give no support to the claim of appellee, Hettie 0. Wathen, as she was not a specific legatee of the Daveiss county bonds. 3. Before there can be a…
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Case 75 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. Any claim to contribution arising among devisees or heirs must, to be-sustained, he founded on some section of chapter 23, General Statutes. 2. Section 6 of chapter 23, General Statutes, by its express language, is applicable only to specific legatees, and hence can give no support to the claim of appellee, Hettie 0. Wathen, as she was not a specific legatee of the Daveiss county bonds. 3. Before there can be a recovery under section 6 there must be a failure of title. The title of Hettie 0. Wathen to the bonds i-eceived by her is…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
By will probated in the Hardin County Court January, 1874, A. H. Cunningham disposed of his estate-in the following manner: Having directed a specified sum paid to his widow, and enough to those of his» children who had not received advances to make them, equal to those who had, he provided substantially, in clause 8, that the residue of his estate, real, personal and mixed, should go to his five children, to be equally' divided among them; and following provisions for an equal division, among the survivors, of the- estate of any one or more of…
2Cases cited2 opinions
- Tipton v. TriplettCourt of Appeals of Kentucky · 1859
- Gibbs v. TuckerCourt of Appeals of Kentucky · 1820
3Cited by3 opinions
- Ruh's Executors v. RuhCourt of Appeals of Kentucky (pre-1976) · 1937
- Andrew's Ex'r v. SpruillCourt of Appeals of Kentucky (pre-1976) · 1937
- Weindl v. WeindlCourt of Appeals of Kentucky · 1962