Ransom v. Connelly
Court of Appeals of Kentucky
Case 14 — APPEAL TO CIRCUIT COUBT APPEAL PROM BOONE CIRCUIT COURT. The will of the testator was revoked by his subsequent marriage, notwithstanding the ante-nuptial contract. (Gen. Stats., chap. 113, sec. 9; • Stewart v. Powell, 90 Ky., 511.) The case of Stewart v. Mulhoiland, 88 Ky., 38, distinguished. "The ante-nuptial contract operated to prevent the marriage from revoking the will previously executed by the husband, notwithstanding section 9 of chapter 113, Gen. Stats.
Read the full summary
Case 14 — APPEAL TO CIRCUIT COUBT APPEAL PROM BOONE CIRCUIT COURT. The will of the testator was revoked by his subsequent marriage, notwithstanding the ante-nuptial contract. (Gen. Stats., chap. 113, sec. 9; • Stewart v. Powell, 90 Ky., 511.) The case of Stewart v. Mulhoiland, 88 Ky., 38, distinguished. "The ante-nuptial contract operated to prevent the marriage from revoking the will previously executed by the husband, notwithstanding section 9 of chapter 113, Gen. Stats. (Stewart v. Mulhoiland, 88 Ky., 38.) Stewart v. Powell, 90 Ky., 511 distinguished.
1Opinion of the Court
JUDGE BENNETT
delivered the opinion or the couet.
Iii 1854 Thomas Vest made his will, devising his entire •estate to his wife and her children. In 1858 his wife died.
In 1862 he married Mrs. Rachael Le Yesque, with whom he had an ante-nuptial contract, which was entered into a short time before marriage, by which she was to remain the owner of all her property; and she was to have no marital right in his property by virtue of the marriage, ■except a specific interest in a certain tract of land, during his life, and the use of two slaves and the use of one room in his house, etc., after his…
2Cases cited2 opinions
- Stewart v. MulhollandCourt of Appeals of Kentucky · 1888
- Stewart v. PowellCourt of Appeals of Kentucky · 1890
3Cited by4 opinions
- Clevenger v. StewartCourt of Appeals of Kentucky (pre-1976) · 1926
- Duvall v. GarrettCourt of Appeals of Kentucky · 1970
- Puckett's Ex'x v. PuckettCourt of Appeals of Kentucky (pre-1976) · 1947
- Knott v. GarriottCourt of Appeals of Kentucky · 1989