Legal Opinion

Kasey v. Fidelity Trust Co.

Court of Appeals of Kentucky

Decided January 27, 1909PublishedCited by 13 opinions

CASH 60. — PROCEEDINGS BY THE FIDELITY TRUST CO., EXECUTOR, TO PROBATE THE WILL OF S. W. KASEY, DECEASED. Appeal from Hardin Circuit Court. John Allen Dean, Special Judge. From á judgment dismissing the appeal of Emma F. Kasey, contestant, she appeals.

1Opinion of the Court

*605Opinion op the Court by

Judge Barker

Affirming.

S. W. Kasey died, testate,- at his residence in Hardin county, Ky. His will was admitted to probate by an order of the Hardin county court. From that order the appellant, Emma F. Kasey, who was the niece and the only heir at law of the decedent, appealed to the Hardin circuit court» The statement made by appellant sets forth that the appeal from the order of probate was based upon the want of mental capacity on the part of the deceased, undue influence in the making of the will, and the illegality of the will itself. After the ease reached the…

2Cases cited3 opinions

  1. Utermehle v. NormentSupreme Court of the United States · 1905
  2. Gore v. StevensCourt of Appeals of Kentucky · 1833
  3. Canepa v. Mississippi River & Bonne Terre Railway Co.Supreme Court of Missouri · 1908

3Cited by13 opinions

  1. Central Trust Company v. BennettCourt of Appeals of Kentucky (pre-1976) · 1925
  2. Cammack v. AllenCourt of Appeals of Kentucky · 1923
  3. Kiefer's Ex'r and Ex'x v. DeibelCourt of Appeals of Kentucky (pre-1976) · 1942
  4. Green's Admrs. v. Fidelity Trust Co.Court of Appeals of Kentucky · 1909
  5. Wall's Exor. v. DimmittCourt of Appeals of Kentucky · 1911

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