Elliott v. Leslie
Court of Appeals of Kentucky
CASE 71 — ACTION BY W. K. ELLIOTT AND OTHERS AGAINST SARAH P. LESLIE INVOLVING A SETTLEMENT OP THE ESTATE OP JAMES H. LESLIE. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. From the judgment both parties appeal. The policy of the law is to uphold family settlements of law suits, and upon this proposition authorities are- unnecessary. PROPOSITION ■ AFFIRMED. t.
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CASE 71 — ACTION BY W. K. ELLIOTT AND OTHERS AGAINST SARAH P. LESLIE INVOLVING A SETTLEMENT OP THE ESTATE OP JAMES H. LESLIE. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. From the judgment both parties appeal. The policy of the law is to uphold family settlements of law suits, and upon this proposition authorities are- unnecessary. PROPOSITION ■ AFFIRMED. t. The release or attempted sale by T. J. Leslie to his father of his present or future interest in his estate is not binding, because it was a sale of an expectancy and therefore void. See: (Wheeler v. Wheeler, 2 Met., 474;…
1Opinion of the Court
Opinion of the Court by
John D. Carroll, Commissioner
Affirming.
In 1899 James H. Leslie died intestate. He left surviving him several children and grandchildren. The only property he owned at his. death' was some real estate worth probably $3,000. An action was brought to have this real estate sold, and the proceeds divided among his heirs’, and also for the purpose of settling his estate. This controversy is between the children of T. J. Leslie — a son of James H. Leslie— and the other heirs. In 1889 T. J. Leslie executed to his father the following contract, which was put to record in the…
2Cases cited6 opinions
- In re the Estate of GarcelonCalifornia Supreme Court · 1894
- McCall's Adm'r v. HamptonCourt of Appeals of Kentucky · 1895
- Ruple ex rel. Lewis v. BindleySupreme Court of Pennsylvania · 1879
- Alves v. SchlesingerCourt of Appeals of Kentucky · 1883
- McBee v. MyersCourt of Appeals of Kentucky · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- In Re Virginia Electric and Power Company, Virginia Electric and Power Company v. Sun Shipbuilding and Dry Dock Company v. Stone and Webster Engineering CompanyCourt of Appeals for the Fourth Circuit · 1976
- Hunt v. SmithCourt of Appeals of Kentucky · 1921
- Hall v. HallCourt of Appeals of Kentucky · 1913
- Gannon v. GrahamSupreme Court of Iowa · 1930
- Engle v. WaltersCourt of Appeals of Kentucky (pre-1976) · 1940
8 more not listed; retrieve them via the Exa API.