Stewart v. Mulholland
Court of Appeals of Kentucky
Case 7 — CONTESTED WILL — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. If the marriage of Mrs. Stewart revoked her will, it was revived by her repeated acknowledgments and declarations of it as her existing will after the marriage; the will being wholly in her own handwriting, and she having full power to make a will during the marriage.
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Case 7 — CONTESTED WILL — APPEAL FROM JEFFERSON COURT OF COMMON PLEAS. 1. If the marriage of Mrs. Stewart revoked her will, it was revived by her repeated acknowledgments and declarations of it as her existing will after the marriage; the will being wholly in her own handwriting, and she having full power to make a will during the marriage. (Porter v. Eord, 82 Ky., 191.) 2. The cases of Maxwell’s will, 3 Met., 101, and Dougherty’s will, 4 Met., 25, were cases of papers that wore to become wills only upon contingencies. And the case of Phaup’s will, 14 Grattan, 332, is not in point, because…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the coort.
Mrs. Mary Hall Jacob, being about to intermarry with James R. Stewart, was desirous of entering into an antenuptial contract, by which she could secure to herself the right to hold and use her property as her separate estate, and to make such disposition of it as she saw proper by last will and testament. She communicated her wishes to her intended husband, and, obtaining his consent, prepared a will in her own handwriting, by which she devised her estate, one-half of it to her future husband, Stewart, and the remaining half to her two nieces,…
2Cases cited3 opinions
- Will of WardWisconsin Supreme Court · 1887
- Osgood v. BlissMassachusetts Supreme Judicial Court · 1886
- Porter v. FordCourt of Appeals of Kentucky · 1884
3Cited by17 opinions
- Walker v. HibbardCourt of Appeals of Kentucky · 1919
- Gooch v. GoochSupreme Court of Virginia · 1922
- Francis v. MarshWest Virginia Supreme Court · 1904
- In re Gould's WillSupreme Court of Vermont · 1900
- McCarn v. RundallSupreme Court of Iowa · 1900
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