Carson v. Carson's
Court of Appeals of Kentucky
CASE 52 — PETITION EQUITY APPEAL FROM TRIGS CIRCUIT COURT. The facts appear in the opinion of the court. The appellants, under the will of their grandfather, are entitled to one tenth of his estate, their father having died before the testator. {Rev. Slat.,p. 382, chap. 46, art. 2, sec. 1.) Their portion under the will cannot be charged with the debts of their father to the testator.
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CASE 52 — PETITION EQUITY APPEAL FROM TRIGS CIRCUIT COURT. The facts appear in the opinion of the court. The appellants, under the will of their grandfather, are entitled to one tenth of his estate, their father having died before the testator. {Rev. Slat.,p. 382, chap. 46, art. 2, sec. 1.) Their portion under the will cannot be charged with the debts of their father to the testator. If D. B. Carson were living, he would be compelled to pay his debts to his father’s estate before he would be permitted to take his share of the estate, he being insolvent. His children can occupy no better…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
William Carson died in the year 1856, leaving a will, in which, after specifying the advancements he had made to some of his children, and bequeathing specific legacies to such of . them as had received no advancements, he directed a sale of the whole of his estate, real and personal, and that the proceeds, after payment of his debts and the specific legacies *301mentioned, should be equally divided among all his children, ten in number.
Douglass B. Carson, one of the children and devisees of the testator, died in 1854, two years prior to the death of…
2Cited by5 opinions
- Thompson v. MyersCourt of Appeals of Kentucky · 1894
- Nance's Executors v. AkersCourt of Appeals of Kentucky · 1915
- Wattenbarger v. PayneMissouri Court of Appeals · 1912
- Callery's EstateSupreme Court of Pennsylvania · 1938
- Thatcher v. CannonCourt of Appeals of Kentucky · 1869