Drake v. Ellman
Court of Appeals of Kentucky
Case 83 — EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. It does not appear that Geisbauer paid any of the renewed notes. They are not filed. 2. The commissioner erred in giving priority to Geisbauer’s claim. 3. The legal title to the real estate of the testator rested in his devisees, Louis and August Constans, and the creditors of the testator acquired no lien upon it.
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Case 83 — EQUITY APPEAL PROM CAMPBELL CHANCERY COURT. 1. It does not appear that Geisbauer paid any of the renewed notes. They are not filed. 2. The commissioner erred in giving priority to Geisbauer’s claim. 3. The legal title to the real estate of the testator rested in his devisees, Louis and August Constans, and the creditors of the testator acquired no lien upon it. The devisees, before any steps had been taken by any creditor of the testator, alienated the estate devised by the mortgage to Stitchenath, and their deed of assignment for the benefit of their creditors. 4. The alienation of…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
Peter Constans died in the county of Campbell, leaving a last will by which he devised the whole of his estate, charged • with the payment of his debts and certain legacies, to his Two sons, Louis and August Constans. The clause of the will is as follows: “I give and bequeath to my two sons f (naming them) my entire estate that I may be possessed of or entitled to at my death, to have and to hold the same, . including all real and personal property and choses in action, • rights and credits, to them and their heirs and assigns forever; but they…
2Cited by2 opinions
- Hurst v. DavidsonCourt of Appeals of Kentucky · 1903
- Milton v. McCloskey's Exr.Court of Appeals of Kentucky · 1883