Porter v. Porter's Ex'r
Court of Appeals of Kentucky
Case 38. — 'PROCEEDINGS BY T. B. PORTER’S EXECUTOR AND OTHERS FOR A SETTLEMENT OF HIS ESTATE AND CONSTRUCTION OF HIS WILL. Appeal from Hopkins Circuit Court. T. J. Nunn, Circuit Judge. Fiom the judgment Murris Porter appeals. SYNOPSIS. 1. Appellant’s only remedy is by appeal to this court as all of the errors complained of appear on the record.
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Case 38. — 'PROCEEDINGS BY T. B. PORTER’S EXECUTOR AND OTHERS FOR A SETTLEMENT OF HIS ESTATE AND CONSTRUCTION OF HIS WILL. Appeal from Hopkins Circuit Court. T. J. Nunn, Circuit Judge. Fiom the judgment Murris Porter appeals. SYNOPSIS. 1. Appellant’s only remedy is by appeal to this court as all of the errors complained of appear on the record. (Ogden v. Stephens, 98 Ky., 564; sec. 518, Civil Code.) 2. The judgment is erroneous because it does not name the day on which tbe commissioners should meet upon the lands described in tbe petition and judgment to divide said lands contrary to tbe…
1Opinion of the Court
Opinion of the Court by
Judge Barker;
reversing.
T. B. Porter died testate at his residence in Hopkins county, Ky., on the 18th day of June, 1899, leaving a wife, Elizabeth Porter, and seven infant children, • surviving him. His will was written on the 24th day of January, 1887, and at that time he had only three children, Murris Porter, the appellant, Bradford Lawrence, and Willie Morgan Porter. After his death the will was admitted to probate. His estate consisted of his home place, containing 297 acres, and a tract called the “Hall Place,” containing 40 acres. . His personal estate at the…
2Cited by4 opinions
- In Re Rendell's EstateMichigan Supreme Court · 1928
- Farber's Ex'r v. FarberCourt of Appeals of Kentucky (pre-1976) · 1940
- Logan v. Bean's Adm'rCourt of Appeals of Kentucky · 1905
- York v. YorkOhio Court of Appeals · 1944