Lischy v. Schrader
Court of Appeals of Kentucky
Case 85 — WILL CONTEST APPEAL FROM DAVIESS CIRCUIT COURT. 1. The judgment of a County Court probating or rejecting a will is a judgment in rem, binding not only on parties and privies, but on all the world. Statute of 1797, Morehead & Brown’s Statutes; Ky.
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Case 85 — WILL CONTEST APPEAL FROM DAVIESS CIRCUIT COURT. 1. The judgment of a County Court probating or rejecting a will is a judgment in rem, binding not only on parties and privies, but on all the world. Statute of 1797, Morehead & Brown’s Statutes; Ky. Stat., secs. 4850, 4851, 4859, 4961; W. & A. Singleton v. Singleton, et. al., 8 B. M., 340; Wells’ Will, 5 Lit., 275; Jacob v. Pulliam, 3 J. J. M., 200; Tibbatts, &e., v. Berry, &c., 10 B. M., 473; Mitchell and Wife v. Holder, &c., 8 Bush, 362; Reed y. Reed, Trustee, &c., 91 Ky., 267. 2. When an appeal is prosecuted to the Circuit Court…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion oe the court.
On the 17th day of January, 1894, the will of Margaret Griffith, who died, a resident of Daviess county, on the 14th day of the same month, was probated in the Daviess. County Court; and, on the 20th day of January thereafter,, her son, John C. Schrader, one of the devisees under the-will, took an appeal from the order of probate, making all the other heirs and devisees appellees. The Daviess Circuit Court was in session when this appeal was taken,, and at the same term a compromise was effected, and the-following order was made in the case:…
2Cases cited4 opinions
- Case of Wells' WillCourt of Appeals of Kentucky · 1824
- Baxter v. BaileyCourt of Appeals of Kentucky · 1847
- Reed v. ReedCourt of Appeals of Kentucky · 1891
- Tibbatts v. BerryCourt of Appeals of Kentucky · 1850
3Cited by9 opinions
- Meuth's v. MeuthCourt of Appeals of Kentucky · 1914
- Bodine v. BodineCourt of Appeals of Kentucky (pre-1976) · 1931
- Murphy's Ex'r v. MurphyCourt of Appeals of Kentucky · 1912
- Mossbarger v. Mossbarger's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1929
- Hagedorn v. ScottCourt of Appeals of Kentucky (pre-1976) · 1929
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