Stark v. Kelley
Court of Appeals of Kentucky
Appeal from Warren Circuit Court. John M. G-alloway, Circuit Judge. Judgment for plaintiff. Defendant appeals POINTS AND AUTHORITIES. 1. The gift was freely and voluntarily made. It is established by satisfactory, convincing and uncontradicted evidence. The court below was no more authorized to set it aside than it would be authorized to annul any other legitimate transaction supported by the testimony sufficient to sustain it. (McCoy’s Admr. v. McCoy, 31 Ky.
Read the full summary
Appeal from Warren Circuit Court. John M. G-alloway, Circuit Judge. Judgment for plaintiff. Defendant appeals POINTS AND AUTHORITIES. 1. The gift was freely and voluntarily made. It is established by satisfactory, convincing and uncontradicted evidence. The court below was no more authorized to set it aside than it would be authorized to annul any other legitimate transaction supported by the testimony sufficient to sustain it. (McCoy’s Admr. v. McCoy, 31 Ky. Law Rep. 1189.) 2. It is respectfully submitted that the judgment of the court below is flagrantly against theevidence. (Merriweather…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Affirming.'
J. C. Kelley died intestate in December, 1906, a *378resident of Warren county. His will was duly admitted to probate, and J. W. Stark, the executor named in the will, qualified. Stark claimed that the testator bad given him in bis lifetime $8,000 worth of notes, and these notes he did not list in the appraisement of the estate. This suit was brought by the devisees seeking to charge him with- the notes. The chancellor entered judgment in their favor, and ■Stark appeals.
The testator was a bachelor 78 years old at his death. He had no own brothers and…
2Cases cited1 opinion
- Duncan's Adm'rs v. DuncansCourt of Appeals of Kentucky · 1824
3Cited by21 opinions
- Foxworthy v. AdamsCourt of Appeals of Kentucky · 1910
- Hale v. HaleCourt of Appeals of Kentucky · 1920
- Reynolds v. ThompsonCourt of Appeals of Kentucky · 1914
- Hays' Administrators v. PatrickCourt of Appeals of Kentucky (pre-1976) · 1936
- Pikeville Nat. Bank & Trust Co. v. ShirleyCourt of Appeals of Kentucky (pre-1976) · 1939
16 more not listed; retrieve them via the Exa API.