Tevis' executors v. McCreary
Court of Appeals of Kentucky
CASE 39 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERT COURT. cited 2 Vesey, Sr., 420-1-2 ; 4 Mad., 168; 1 Vern., 31 ; 1 Roper on Legacies, 415,417,426, 432; 2 Williams on Executors, 1174; 1 Greenleaf's Evidence, secs. 287, 288; Amb., 244; Revised Statutes, 281; Civil Codev sec. 161. cited 2 Mar., 31; 2 Stavlcie's Ev., 1024-5-6, 1094; Roper on Legacies, 132, 141, 271 ; 2 Williams on Executors. 973, 976, side page; 1 P. Williams, 126,296; 2 Vesey, Sr., 470 ; 4 Mad., 168;…
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CASE 39 — PETITION EQUITY — APPEAL PROM LOUISVILLE CHANCERT COURT. cited 2 Vesey, Sr., 420-1-2 ; 4 Mad., 168; 1 Vern., 31 ; 1 Roper on Legacies, 415,417,426, 432; 2 Williams on Executors, 1174; 1 Greenleaf's Evidence, secs. 287, 288; Amb., 244; Revised Statutes, 281; Civil Codev sec. 161. cited 2 Mar., 31; 2 Stavlcie's Ev., 1024-5-6, 1094; Roper on Legacies, 132, 141, 271 ; 2 Williams on Executors. 973, 976, side page; 1 P. Williams, 126,296; 2 Vesey, Sr., 470 ; 4 Mad., 168; 1 Young, 341; 16 Vesey, 396; Rev. Statutes, 281, chap. 30, sec. 13 ; Revised Statutes, 393, secs. 7, S ; 2 Blackstone…
1Opinion of the Court
JUDGE DUVALL
delivered the opinion of the court:
B. F. Tevis, by his will, bequeathed to his wife ten thousand dollars, and also his books, plate, and furniture.
He also bequeathed to McCreary, in trust lor his brother, J. C. Tevis, three thousand dollars, to be invested for the benefit of the legatee.
*152The will contains a residuary clause, which disposes of the residue of the testator’s property.
Upon a settlement of the estate it was ascertained that the assets were insufficient to pay botli of the legacies, and the only question involved in the controversy was, whether either one of the legacies…
2Cited by2 opinions
- Pepper v. ThomasCourt of Appeals of Kentucky · 1887
- Maynard's Adm'r v. MaynardCourt of Appeals of Kentucky (pre-1976) · 1940