Bottom v. Fultz
Court of Appeals of Kentucky
CASE 38. — ACTION BY GEORGE FULTZ AGAINST GEORGE C. BOTTOM TO SUBJECT A LEGACY TO THE PAYMENT OF PLAINTIFF’S JUDGMENT Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. • Judgment for ' plaintiff.
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CASE 38. — ACTION BY GEORGE FULTZ AGAINST GEORGE C. BOTTOM TO SUBJECT A LEGACY TO THE PAYMENT OF PLAINTIFF’S JUDGMENT Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. • Judgment for ' plaintiff. Defendant appeals. 1. We insist that the right of a husband to accept or renounce the provisions of his wife’s will, is a purely personal right, which he may exercise from his own volition and untrammeled by any order of court. ' 2. The defendant, Bottom, being the widower of his deceased wife, was vested with ,a certain statutory interest in her estate provided he had chosen to…
1Opinion of the Court
Opinion of the Court by
Judge Lassing — '
Reversing.
L. D. Bottom, wife of George C. Bottom, died March, 10, 1903. On March' 12th her will was admitted to probate in the Fayette county court, and on March 16th Georg’e Fultz, appellee, filed his suit in the Fayette circuit court on a return of no property on a former judgment against appellant George C. Bottom, seeking to subject the interest of appellant in the estate of his wife to the payment of his judgment debts, and asking that appellant be required to elect whether he would take under the will of his wife, or take the interest given him by…
2Cases cited4 opinions
- Smoot v. Heyser's Exr.Court of Appeals of Kentucky · 1902
- Brand's Exr. v. BrandCourt of Appeals of Kentucky · 1901
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