Mitchell v. Holder
Court of Appeals of Kentucky
Case 68 — PETITION EQUITY APPEAL EROM ALLEN CIRCUIT COURT. CITED Revised Statutes, section 29, chapter 106. Revised Statutes, secs. 28, 29, chap. 106, 2 Stanton, 466. Civil Code, section 519, subsection 3. Act of 1796, 1 Moreliead & Brown, section 29, page 294. Revised Statutes, chapter 58, Act of March 9, 1854. 9 Dana, 41, King, &c. v. Bullock, &c. 8 B. Monroe, .348, Singleton’s will. 2 Smith’s Leading Cases, 642. 30 B. Monroe, 474, Tilibatts, &e. v. Berry, &o. 18 B.…
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Case 68 — PETITION EQUITY APPEAL EROM ALLEN CIRCUIT COURT. CITED Revised Statutes, section 29, chapter 106. Revised Statutes, secs. 28, 29, chap. 106, 2 Stanton, 466. Civil Code, section 519, subsection 3. Act of 1796, 1 Moreliead & Brown, section 29, page 294. Revised Statutes, chapter 58, Act of March 9, 1854. 9 Dana, 41, King, &c. v. Bullock, &c. 8 B. Monroe, .348, Singleton’s will. 2 Smith’s Leading Cases, 642. 30 B. Monroe, 474, Tilibatts, &e. v. Berry, &o. 18 B. Monroe, 260, Hughey, &c. v. Sichvell, &c. 15 B. Monroe, 563, George (of color) v. Bussing." 14 La. Annual, 552, Deslandes v.…
1Opinion of the Court
JUDGE HARDIN
delivered the opinion oe the court.
On the 2d day of March, 1865, Mrs. Eineline Whitney, a married woman, being the wife of Herman Whitney, made and published, in appropriate form, a paper purporting to be her last will and testament, devising to Sallie P. Plolder, now Mrs. Mitchell, an undivided interest which the testatrix owned by inheritance from her brother, John Holder, deceased, in several tracts of land and some personal estate.
The testatrix died without issue, leaving her said husband surviving her, and her brother, Edward Holder, who it appears was her only heir; and…
2Cases cited3 opinions
- Case of Wells' WillCourt of Appeals of Kentucky · 1824
- Tibbatts v. BerryCourt of Appeals of Kentucky · 1850
- Bernard v. Commonwealth for LewisCourt of Appeals of Kentucky · 1823
3Cited by8 opinions
- Armstrong v. LettySupreme Court of Oklahoma · 1922
- Davies v. LeeteCourt of Appeals of Kentucky · 1901
- Kentucky Land & Immigration Co. v. CrabtreeCourt of Appeals of Kentucky · 1902
- Hargis v. Flesher Petroleum Co.Court of Appeals of Kentucky (pre-1976) · 1929
- Howard v. RamseyCourt of Appeals of Kentucky (pre-1976) · 1935
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