Leonard v. Braswell
Court of Appeals of Kentucky
Case 80 — PETITION EQUITY APPEAL FROM LYON CIRCUIT COURT. 1. While the State of Kentucky may pass laws of descent and distribution, it is not within the domain of her sovereign power to add to or enlarge the scope or operation of the marriage laws of another State; it takes a marriage in a State whose la,ws say the is- ' sue of such marriage shall be legitimate, to make a legitimate child, and the marriage claimed under by the appellees was absolutely null and void, under…
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Case 80 — PETITION EQUITY APPEAL FROM LYON CIRCUIT COURT. 1. While the State of Kentucky may pass laws of descent and distribution, it is not within the domain of her sovereign power to add to or enlarge the scope or operation of the marriage laws of another State; it takes a marriage in a State whose la,ws say the is- ' sue of such marriage shall be legitimate, to make a legitimate child, and the marriage claimed under by the appellees was absolutely null and void, under the laws of the State where it was» consummated. (Kent’s'Com., vol. 2, side pages 91, 92, 93; Story’s Com. Laws, secs.…
1Opinion of the CourtChief Justice Pryor
N. T. Braswell lived in the county of Lyon for many years. He died intestate, leaving no children surviving him, but several grandchildren, as well as a large estate. He had but two children, and both of them died before he did. One of his children, Ida, married Leonard, and her children, five in number, are the appellants in this case.
His son, Charles Braswell, at his death left children, and this controversy is between the children of Mrs. Leonard and the children of her brother Charles over .the estate left by their grandfather, N. T. Braswell.
The appellants, who are the children of Mrs.…
2Cases cited4 opinions
- Sams v. Sams' AdministratorCourt of Appeals of Kentucky · 1887
- McDeed v. McDeedIllinois Supreme Court · 1873
- Harris v. HarrisCourt of Appeals of Kentucky · 1887
- Jackson's Administrators v. MooreCourt of Appeals of Kentucky · 1839
3Cited by15 opinions
- Evatt v. MillerSupreme Court of Arkansas · 1914
- Ross v. County Board of EducationCourt of Appeals of Kentucky · 1922
- Finley v. BrownTennessee Supreme Court · 1909
- Withrow v. EdwardsSupreme Court of Virginia · 1943
- Wilson v. BassIndiana Court of Appeals · 1918
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