Gregory v. Oates
Court of Appeals of Kentucky
Case 97 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. A married woman, notwithstanding her coverture, has the power to dispose prospectively of her separate estate, or of the property over which she is given the power of disposal under a decree in chancery, by a will executed as provided by the statute, and it makes no difference whether she had a separate estate, or the power she thus attempts to exercise, at the time of the execution of the will,…
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Case 97 — PETITION ORDINARY APPEAL PROM JEFFERSON COURT OF COMMON PLEAS. 1. A married woman, notwithstanding her coverture, has the power to dispose prospectively of her separate estate, or of the property over which she is given the power of disposal under a decree in chancery, by a will executed as provided by the statute, and it makes no difference whether she had a separate estate, or the power she thus attempts to exercise, at the time of the execution of the will, provided she acquires the power or the separate estate during her marriage and before her death. (Jarman on Wills, vol. 1,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Elizabeth Oates, appellee, brought this action to recover of B. E. Gregory, appellant, a lot of land claimed by her as mother and heir at law of Ada Gregory, who died childless June 9,1890, owner of it. Appellant, who is surviving husband, in his answer set up title and right of possession under her will dated September 26, 1889, and probated and established by order of the Jefferson County Court made June 16, 1890. He further stated that December 11,1889, the Louisville Chancery Court upon the joint petition of himself and wife, Ada *534Gregory,…
2Cases cited1 opinion
- City of Louisville v. CochranCourt of Appeals of Kentucky · 1884
3Cited by4 opinions
- Maris v. AdamsCourt of Appeals of Texas · 1914
- Hankins v. Columbia Trust Co.Court of Appeals of Kentucky · 1911
- Rogers v. LeahyCourt of Appeals of Kentucky (pre-1976) · 1943
- Harlan v. HarlanCourt of Appeals of Kentucky · 1911