Atchison v. Atchison
Court of Appeals of Kentucky
Case 17 — CONSTRUCTION OF WILLS — APPEAL from warren circuit court. 1. There is no proof to show that the testator intended that his widow should get her bequest free of the debts of the testator. 2. The widow should contribute to the debts of her husband in proportion to the property received by her. There is no evidence that the testator intended the wife’s devise .to be free of any encumbrances.
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Case 17 — CONSTRUCTION OF WILLS — APPEAL from warren circuit court. 1. There is no proof to show that the testator intended that his widow should get her bequest free of the debts of the testator. 2. The widow should contribute to the debts of her husband in proportion to the property received by her. There is no evidence that the testator intended the wife’s devise .to be free of any encumbrances. The time for the renunciation of the will had gone by and the widow took the portion of the estate devised to her as any other devisee. Ky. Stats., sec. 1404; Huhlein v. Huhlein, 87 Ky., 247. The…
1Opinion of the Court
JUDGE PAYNTEE
delivered the opinion oe the court.
J. C. Atchison devised certain real estate to his son, A. J. Atchison, and to his widow, H. N. Atchison, he devised, during her life, the home place, situated at Bowling Green, Ky., and the interest and remainder therein to the son named. He devised to the son his watch, old family Bible and clock, and, the personal estate goes to the son and widow in equal .parts. The son named qualified as executor of the will, and no personal estate came into his hands except a share of turnpike stock of the value of $25 and a small dividend thereon, and the…
2Cases cited2 opinions
- Huhlein v. HuhleinCourt of Appeals of Kentucky · 1888
- Watson v. ChristianCourt of Appeals of Kentucky · 1877
3Cited by3 opinions
- Maynard's Adm'r v. MaynardCourt of Appeals of Kentucky (pre-1976) · 1940
- Dorn v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1924
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1949