Bradshaw v. Butler
Court of Appeals of Kentucky
CASE 19. — PETITIONS BY BETTIE W. BUTLER AND SALLIE F. SMITH AND OTHERS TO ADMIT TO PROBATE CERTAIN PAPERS PURPORTING TO BE THE LAST WILL OF JOHN BUTLÉR, DECEASED. FROM AN ORDER OF THE COUNTY COURT ADMITTING ONE OF THE PAPERS TO PROBATE AND REJECTING THE OTHER, BOTH PARTIES APPEAL TO THE CIRCUIT COURT, AND FROM THE JUDGMENT OF THE CIRCUIT COURT BOTH PARTIES APPEAL. Appeal from Adair Circuit Court. H. 0. Baker, Circuit Judge.
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CASE 19. — PETITIONS BY BETTIE W. BUTLER AND SALLIE F. SMITH AND OTHERS TO ADMIT TO PROBATE CERTAIN PAPERS PURPORTING TO BE THE LAST WILL OF JOHN BUTLÉR, DECEASED. FROM AN ORDER OF THE COUNTY COURT ADMITTING ONE OF THE PAPERS TO PROBATE AND REJECTING THE OTHER, BOTH PARTIES APPEAL TO THE CIRCUIT COURT, AND FROM THE JUDGMENT OF THE CIRCUIT COURT BOTH PARTIES APPEAL. Appeal from Adair Circuit Court. H. 0. Baker, Circuit Judge. SUMMARY. 1. When a will has been written and afterwards lost or destroyed the presumption is “that it was revoked or destroyed by the testator, and while this presumption…
1Opinion of the Court
Opinion op the Court by
Judge Lassing
Affirming.
John Butler, a resident of Adair county, died in the year 1905. He left no children. He was survived by his wife, Bettie W. Butler, and an adopted: daughter, Grace Butler Bradshaw, and several brothers and sisters, and the descendants, of such brothers and sisters a.s w'ere dead. Shortly after his death his wife offered for probate in the county court a paper, purporting to be his last will and testament, bearing date of March 27, 1905. This will was admitted to probate, over the objection of the brothers and sisters and adopted daughter of John…
2Cases cited1 opinion
- Steele v. PriceCourt of Appeals of Kentucky · 1844
3Cited by9 opinions
- Allen v. Lovell's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1946
- Ferguson v. BillupsCourt of Appeals of Kentucky (pre-1976) · 1932
- Central Trust Company v. BennettCourt of Appeals of Kentucky (pre-1976) · 1925
- White v. Brennan's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1948
- Baltzell v. AtesCourt of Appeals of Kentucky · 1918
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