Legal Opinion

Wilson's Assignee v. Wilson

Court of Appeals of Kentucky

Decided October 6, 1897PublishedCited by 1 opinion

Case 108 — Petition Equity 1. The exemptions provided in sec. 1697 of the Kentucky Statutes are given only to persons who have a family resident in this commonwealth.

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Case 108 — Petition Equity 1. The exemptions provided in sec. 1697 of the Kentucky Statutes are given only to persons who have a family resident in this commonwealth. The appellee has a living husband and it is not shown that the moral duty and necessity devolves upon her to support herself and family, and it is the husband who has the family. 2. There can be no exemption allowed unless there are dependants who are legally and morally entitled to be supported by the claimant. 1. The purpose of the exemption is to assure a family a reasonable support. It is immaterial to the infants of the…

1Opinion of the Court

CHIEF JUSTICE

LEWIS delivered the opinion op the court.

January 4, 1895, appellee, S. E. Wilson, a married woman, executed a deed to S. W. Forgy and B. B. Petrie, which they accepted, conveying for benefit of creditors her property ■of every kind, including a stock of groceries, hardware, etc., that she had as a retail merchant in store. But the deed contained this clause: “It is understood that any and all property that may be by law exempt from sale under execution to said S. E. Wilson is not hereby intended to be conveyed to said parties of the second part.” During settlement of the assigned…

2Cited by1 opinion

  1. Baum v. TurnerCourt of Appeals of Kentucky · 1903

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