Barnett's Adm'r v. Barnett's Adm'r
Court of Appeals of Kentucky
CASE 45 — PETITION EQUITY ArPEAR ER05Í GREEN CIRCUIT COURT. The facts appear in the opinion of the conrt. Mrs. Barnett was entitled to such share of her husband’s personal estate “ as if he had died intestate.” (2 Slat. Law, 1544.) Her legal rights upon the property of her late husband, upon her renunciation of the will, became fixed and certain by the statute. To claim the proceeds of real estate as personalty, is claiming under the will.
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CASE 45 — PETITION EQUITY ArPEAR ER05Í GREEN CIRCUIT COURT. The facts appear in the opinion of the conrt. Mrs. Barnett was entitled to such share of her husband’s personal estate “ as if he had died intestate.” (2 Slat. Law, 1544.) Her legal rights upon the property of her late husband, upon her renunciation of the will, became fixed and certain by the statute. To claim the proceeds of real estate as personalty, is claiming under the will. Without a will, the real estate is still real estate; she would have been entitled to dower in it under the act of 1705, (1 Moreheacl & Brown, 572,) and…
1Opinion of the CourtChief Justice Simpson
Andrew Barnett died in 1847, having previously made and-published a last will and testament. He left a wife, but no child. He was the owner at the time of his death of a considerable estate in lands, slaves, and personalty. His widow, within twelve months after his death, renounced, according to law, all benefit of the provisions of his will. She shortly thereafter departed this life, no dower in her husband’s real estate having in the meantime been assigned her.
*257This action was brought by her administrator against the administrator with the will annexed of her husband, for that part of the…
2Cited by44 opinions
- Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
- State v. ElderIndiana Supreme Court · 1879
- Teat v. StateMississippi Supreme Court · 1876
- Commonwealth v. BartholomewMassachusetts Supreme Judicial Court · 1950
- Commonwealth v. NickologinesMassachusetts Supreme Judicial Court · 1948
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