Carpenter v. Hazelrigg
Court of Appeals of Kentucky
Case 74 — PETITION EQUITY APPEAL PROM BATH CIRCUIT COURT. 1. It was the manifest intention of the testator that the husbands of neither of his three daughters should have no interest in, or ■control, of 'the estate devised to 'them, and in the evemt of the death of 'either of them without children, her portion, was to vest in the one or both that should survive. Graves, &c., v. Spurr, Trustee, 17 Ky.
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Case 74 — PETITION EQUITY APPEAL PROM BATH CIRCUIT COURT. 1. It was the manifest intention of the testator that the husbands of neither of his three daughters should have no interest in, or ■control, of 'the estate devised to 'them, and in the evemt of the death of 'either of them without children, her portion, was to vest in the one or both that should survive. Graves, &c., v. Spurr, Trustee, 17 Ky. Law Rep., 414. 2. The court erred in adjudging the sale of the land for the payment of the decedent’s debt; When the administrator had ample assets in his hands to pay the same, as shown by the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court!
In 1880 Michael Carpenter made his will. In 1888 he ■died and the will was duly probated. At the time he made his will his daughters, Hettie, Cynthia A.nn and Dolly, lived with him. Dolly married the appellee, Hazelrigg, before the death of the testator. The other sisters were unmarried and living with the father at his death.
The seqond clause, of his will is as follows:
“I have made no advancements to my three single daughters, Hettie Jane Carpenter, Cynthia Ann Carpenter and *540Dolly Carpenter, who now live with me, and desiring to make my…
2Cases cited2 opinions
- Wren v. Hynes' administratorCourt of Appeals of Kentucky · 1859
- Wills v. WillsCourt of Appeals of Kentucky · 1887
3Cited by24 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Bowen v. . DaughertySupreme Court of North Carolina · 1915
- Kelley v. WilsonSupreme Court of Iowa · 1910
- Gustin ex rel. Atwood v. BrydenAppellate Court of Illinois · 1917
- Ketterer v. NelsonCourt of Appeals of Kentucky · 1911
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