Grigsby's v. Wilkinson
Court of Appeals of Kentucky
CASE 22 — PETITION EQUITY APPEAL EROM MONTGOMERY CIRCUIT COURT. CITED Revised Statutes, chap. 106, see. 17, 2 Stanton, 461. 5 Bush, 273, Thomas v. Capps. 1 Met. 401, Short v. Tinsley. 2 Roper on Legacies, 95-104. 2 Story’s Equity, sec. 1111, and cases referred to. 6 Dana, 314, Byers v. Byers. 4 J. J. Marsh. 152, Middleton v. Carroll. 5 Yesey, 85, Freemantle v. Banks. 2 Atk. 215, Farnham v. Phillips. 2 House of Lords Cases, 181. 2 Leading Cases in Equity, 325-328. 18 Yesey,…
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CASE 22 — PETITION EQUITY APPEAL EROM MONTGOMERY CIRCUIT COURT. CITED Revised Statutes, chap. 106, see. 17, 2 Stanton, 461. 5 Bush, 273, Thomas v. Capps. 1 Met. 401, Short v. Tinsley. 2 Roper on Legacies, 95-104. 2 Story’s Equity, sec. 1111, and cases referred to. 6 Dana, 314, Byers v. Byers. 4 J. J. Marsh. 152, Middleton v. Carroll. 5 Yesey, 85, Freemantle v. Banks. 2 Atk. 215, Farnham v. Phillips. 2 House of Lords Cases, 181. 2 Leading Cases in Equity, 325-328. 18 Yesey, 140, Ex parte Pye. CITED Revised Statutes, chap. 106, sec. 18. 2 Met. 567, Jackson v. Payne. 18 B. Mon. 20, Cunningham v.…
1Opinion of the Court
JUDGE LINDSAY
delivered the opinion oe the court.
James B. Grigsby died, domiciled in Montgomery County, Ky., in 1856, and shortly after his death his last will and testament, which had been made and published in 1847, was duly admitted to record. His son E. F. A. Grigsby, who was the executor of his will, brought this suit a few months after his father’s death to obtain a construction of the will, and to have the estate divided among the devisees in the manner therein directed. The executor, who is one of the devisees, is charged with an advancement of $1,800, and he seeks to be relieved…
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