Waller's Adm'x v. Marks
Court of Appeals of Kentucky
Case 76 — PETITION EQUITY APPEAL EROM JESSAMINE CIRCUIT COURT. 1. The courts always proceed with great caution in declaring contracts void as against public policy, and will so adjudge only in cases, free from doubt. (Smith v. DeBose (Ga.), 6 Amer. St. Rep., 269; Richmond v. Dubuque, 26 la., 190; Kellogg v. Larkin, 56 Amer. Dec., 164; Swan v. Swan, 21 Fed. Rep; Richardson v. Melish, 2 Bing., 229; 9 Com.
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Case 76 — PETITION EQUITY APPEAL EROM JESSAMINE CIRCUIT COURT. 1. The courts always proceed with great caution in declaring contracts void as against public policy, and will so adjudge only in cases, free from doubt. (Smith v. DeBose (Ga.), 6 Amer. St. Rep., 269; Richmond v. Dubuque, 26 la., 190; Kellogg v. Larkin, 56 Amer. Dec., 164; Swan v. Swan, 21 Fed. Rep; Richardson v. Melish, 2 Bing., 229; 9 Com. L., 557.) 2. The contract is not tainted with fraud or vice, and is not in disregard of any law; upon the part of the decedent it was open and fair. Appellees tied his hands by the agreement,…
1Opinion of the Court
JUDGE GUFFY
delivered the opinion of the couet.
Permelia Wilmore departed this life in Jessamine county some years ago, having first made and published her last will and testament, which was duly probated. She had a considerable estate, and made many legatees or devisees, being, as it appears, without any descendant.
In May, 1893, Ora Wilmore and others brought suit against the executor of the testatrix and devisees under the will for a settlement and distribution of the estate.
The appellant, Lucy E. Waller, administratrix of J. K. Waller, appeared in court, and was permitted to file her…
2Cases cited1 opinion
- Lucas v. AllenCourt of Appeals of Kentucky · 1883
3Cited by5 opinions
- Sellars v. JonesCourt of Appeals of Kentucky · 1915
- Brandenburger v. PullerSupreme Court of Missouri · 1916
- Campbell v. SimmonsCourt of Appeals of Kentucky · 1910
- W. C. Belcher Land Mortgage Co. v. Hazard Coal Corp.Court of Appeals for the Sixth Circuit · 1926
- Rohr v. Gatch, Court of Common Pleas of Ohio, Franklin County, Civil Division1918