Legal Opinion

Miller's Exr. v. Malone

Court of Appeals of Kentucky

Decided October 9, 1900PublishedCited by 9 opinions

Case 19 — -Action Asking Advice of Court as to Payment of Legacies APPEAL PROM SHELBY CIRCUIT COURT. POINTS. Does the sale and conveyance by a testator of property specifically devised revoke such devise where part of the purchase money is unpaid at death of the testator? Should a legacy be credited by advancements made such legatee before the execution of the will where the receipts taken for such advancements so provide? Am. and Eng.

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Case 19 — -Action Asking Advice of Court as to Payment of Legacies APPEAL PROM SHELBY CIRCUIT COURT. POINTS. Does the sale and conveyance by a testator of property specifically devised revoke such devise where part of the purchase money is unpaid at death of the testator? Should a legacy be credited by advancements made such legatee before the execution of the will where the receipts taken for such advancements so provide? Am. and Eng. Ency. of Law, Vol. 1, 2 Ed. p. 610-628; Cousens v. Jamison, 12 Mo. App., 456; Blackstone v. Blaekstone, 27 Am. Dec., 360; Williams on Executors, Yol. 2,…

1Opinion of the Court

Opinion of the court by

JUDGE PAYNTER

Affirming.

Ann Miller, a maiden lady, died testate in Shelby county, Ky.,. possessed of a large estate. The important question presented on this appeal is as to the proper interpretation of items 25 and 91 of her will. Item 25 reads': •I give and devise my house and lot in Shelbyville, Kentucky, in which C. E. Fu lien wider now resides, to my exe*135cutor, in trust to sell same and divide the proceeds of such sale among the children of. H. 0. Melone who may be living at the time of my death, and the lawful issue, if any, of such as may theretofore have died;…

2Cases cited3 opinions

  1. Gardner v. PrintupNew York Supreme Court · 1847
  2. Nooe v. . VannoySupreme Court of North Carolina · 1861
  3. Haselwood's Ex'r v. WebsterCourt of Appeals of Kentucky · 1884

3Cited by9 opinions

  1. In Re Estate of DwyerCalifornia Supreme Court · 1911
  2. Durham's Admr v. ClayCourt of Appeals of Kentucky · 1911
  3. Reynolds' v. ReynoldsCourt of Appeals of Kentucky · 1920
  4. Manshaem v. NicholsMichigan Supreme Court · 1919
  5. Plant v. DonaldsonCourt of Appeals for the D.C. Circuit · 1912

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