Williamson v. Maynard
Court of Appeals of Kentucky
CASE 5 — ACTION BY B. F. WILLIAMSON AND OTHERS AGAINST W. H. MAYNARD AND OTHERS. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. Judgment for defendants, plaintiffs appeal.
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CASE 5 — ACTION BY B. F. WILLIAMSON AND OTHERS AGAINST W. H. MAYNARD AND OTHERS. Appeal from Pike Circuit Court. A. J. Kirk, Circuit Judge. Judgment for defendants, plaintiffs appeal. PROPOSITION. 1. The will was not signed by the testator nor acknowledged by him to be his will. 2. The subscribing witnesses contradict each other and the will is not therefore proven as the law requires. 3. Undue influence was used by W. H. Maynard to have C. W. Williamson make the will. 4. The testator’s physical condition and mind were such that lie could not make a valid will. .5. The will is unnatural; C.…
1Opinion of the Court
Opinion of the Court by
Judge O’Rear
Dismissing appeal.
This is an appeal from the judgment of the Pike Circuit Court, finding the paper in contest to be the last will of C. W. Williamson. The final judgment became effective in October of 1907. This appeal was prosecuted January 25, 1909. Appellees have interposed and rely upon the plea of limitation of one year in such cases.
In avoidance of the plea appellants assert that parts of the record were lost, and that because of that fact and other unavoidable casualty they were not able to have the transcript of the record filed in this court within…
2Cases cited3 opinions
- O'Daniel v. BaxterCourt of Appeals of Kentucky · 1901
- Bush v. LisleCourt of Appeals of Kentucky · 1888
- Duff v. DuffCourt of Appeals of Kentucky · 1898
3Cited by4 opinions
- Wermeling v. WermelingCourt of Appeals of Kentucky (pre-1976) · 1928
- Kudelle v. Vizzard Investment Co.Court of Appeals of Kentucky · 1922
- Hays v. JenkinsCourt of Appeals of Kentucky · 1921
- Wermeling v. WermelingCourt of Appeals of Kentucky · 1928