Legal Opinion

Churchill v. Churchill

Court of Appeals of Kentucky

Decided December 30, 1859PublishedCited by 15 opinions

CASE 29 — PETITION EQUITY — APPEAL FROM HARDIN CIRCUIT COURT. cited 2 Jarman on Wills, top pages 19, 51, 52, 53; 9 Dana, 1; 9 B. Mon., 204; cited 4 Lift., 349; 12 B. Mon., 115.

1Opinion of the Court

JUDGE STITES

delivered the opinion of the court. (Judge Wood did not sit in this case.)

This was a petition in equity, brought by Worden P. Churchill against Armistead Churchill and others, to recover one fourth of certain lands and slaves, to which he asserted title under the will of his deceased grandfather, Henry Churchill, deceased.

The defendants, who were children and devisees of the testator, denied the p'lairitiif’s right. The court below decided that he was entitled, and the correctness of that judgment is questioned by this appeal.

The case turns upon a proper construction of Henry…

2Cases cited1 opinion

  1. Phillips' Devisees v. BeallCourt of Appeals of Kentucky · 1839

3Cited by15 opinions

  1. Duvall v. GoodsonCourt of Appeals of Kentucky · 1880
  2. Burnham v. NevinsMassachusetts Supreme Judicial Court · 1887
  3. Chenault's Guardian v. Chenault's ExecutorsCourt of Appeals of Kentucky · 1888
  4. Marquette v. Marquette's ExecutorsCourt of Appeals of Kentucky · 1921
  5. Kalaukoa v. KeaweHawaii Supreme Court · 1893

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