Wheeler's executors v. Wheeler
Court of Appeals of Kentucky
CASE 30 — PETITION EQUITY — APPEAL FROM BULLITT CIRCUIT COURT. cited 3 Bouvier’s Institutes, page 266. cited 1 /. /. Mar., 25; 14 Johnson, 193; Civil Code, sec. 123; 2 Blackstone Com., 296; 1 Sheppard’s Touchstone, 55; 1 Mar., 112; 17 B. Mon., 645 ; Drake vs. St. Magdalen Society, MS. opin. Oct., 1856; Bodley’s heirs vs. Morris, MS. opin. June, 1857.
1Opinion of the Court
JUDGE STITES
delivered the opinion of the court:
This suit was brought by Charles Wheeler, one of the devisees of his deceased father, John C. Wheeler, to compel the executors of said decedent’s will to distribute the estate and pay over to him one seventh part thereof.
The plaintiff exhibited the will, which' was dated in August, 1855, and admitted to probate in April, 1856.
The executors answered in their fiducial character, and one of them as the statutory guardian of the infant children oi William Wheeler, deceased, a brother of the plaintiff, and son of the testator.
They resisted the claim…
2Cited by6 opinions
- Hunt v. SmithCourt of Appeals of Kentucky · 1921
- McCall's Adm'r v. HamptonCourt of Appeals of Kentucky · 1895
- Hall v. HallCourt of Appeals of Kentucky · 1913
- Spacey v. CloseCourt of Appeals of Kentucky · 1919
- McBee v. MyersCourt of Appeals of Kentucky · 1868
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