Dupoyster v. Gagani
Court of Appeals of Kentucky
Case 56 — PETITION ORDINARY APPEAL FROM BALLARD CIRCUIT COURT. 1, The record of the Louisiana court probating the will never was authenticated in such manner as to make it evidence in any court in this State. The attestation of the clerk is without a seal, which is fatal.
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Case 56 — PETITION ORDINARY APPEAL FROM BALLARD CIRCUIT COURT. 1, The record of the Louisiana court probating the will never was authenticated in such manner as to make it evidence in any court in this State. The attestation of the clerk is without a seal, which is fatal. (Gen. Stats., chap. 37, sec. 12. pages 411 and 412.) 2.Where a copy of a foreign will is probated in this State, it must be held as a will of personalty only, unless the order of probate shows that it was admitted as a will of realty. (Bev. Stats., vol. 2, chap. 106, secs. '31 and 32, p. 467 ; Gen. Stats., chap. 113, secs.…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
Tlie appellee brought ail action of ejectment against the appellant, in the Ballard Common Pleas Court, to recover the possession of a tract of land, to which she claims title as one of the devisees of Baker Woodruff, to whom said land was granted by the Commonwealth of Kentucky; and which land was, by a deed of partition between her and S. Badger and others, as her co-devisees under said will, set apart to her.
*405On behalf of the appellee, the patent from the Commonwealth to Baker Woodruff, the copy of his will, together with the several…
2Cited by6 opinions
- People v. MayneCalifornia Supreme Court · 1897
- Grayson v. DurantSupreme Court of Oklahoma · 1914
- State v. MillerSupreme Court of Kansas · 1905
- Rowan v. StateCourt of Criminal Appeals of Texas · 1910
- Northcutt v. PattersonCourt of Appeals of Kentucky (pre-1976) · 1930
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