Thomas v. Capps
Court of Appeals of Kentucky
CASE 38 — PETITION EQUITY APPEAL PROM MONTSOMERY CIRCUIT COURT. CITED— 2 Stockton, ch. 158, 163; Sims vs. Sims. 5 Randolph, 577 ; Jones vs. Mason. 12 Leigh, 1; Moore vs. Hilton. 18 Ves., 140; ex parte Pye. 2 Hare, 434; Suisse vs. Lowther. 2 Redjield on Wills, page 537, sec. 55. Revised Statutes, sec. 17, chap. 30. 3 Y. ¿y Coll., 397; Davys vs. Boucher. 1 B. C. C., 555; Holmes vs. Holmes. 5 M. Sy Cr., 29; Pym vs. Lockyer. 15 Ves., 507; Ben.
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CASE 38 — PETITION EQUITY APPEAL PROM MONTSOMERY CIRCUIT COURT. CITED— 2 Stockton, ch. 158, 163; Sims vs. Sims. 5 Randolph, 577 ; Jones vs. Mason. 12 Leigh, 1; Moore vs. Hilton. 18 Ves., 140; ex parte Pye. 2 Hare, 434; Suisse vs. Lowther. 2 Redjield on Wills, page 537, sec. 55. Revised Statutes, sec. 17, chap. 30. 3 Y. ¿y Coll., 397; Davys vs. Boucher. 1 B. C. C., 555; Holmes vs. Holmes. 5 M. Sy Cr., 29; Pym vs. Lockyer. 15 Ves., 507; Ben. Gough vs. Walker. 3 G. dy F., 146; Lord Durham, vs. Wharton. 10 Bligh’s N. S., 526. Sugden on Real Property, 128. 3 Hare, 509 ; Kirk vs. Eddoioes. 2 Russ.…
1Opinion of the Court
JUDGE HARDIN
delivered the opinion oe the court:
Robert Thomas, late of Montgomery county, made his will on the 8th day of August, 1850, by which he devised all of his estate, consisting in part of three hundred and seven acres of land in said county, to his wife, Polly Thomas, for life, and after her death, to be equally divided between his eleven grandchildren, the children of his sons, who were all dead.
Among the devisees in remainder was • the appellee, Mary Hannah, the daughter of the testator’s son, Robert Thomas, jr., who had died about 1847, leaving her, his only child, and then an…
2Cited by2 opinions
- White v. PonderCourt of Appeals of Kentucky · 1918
- Johnson v. McDowellSupreme Court of Iowa · 1912