Ford v. Ford's Ex'r
Court of Appeals of Kentucky
Case 104 — PETITION EQUITY — APPEAL PROM M’CRACKEN CIRCUIT COURT. A devise of the testator’s entire estate for the erection of a monument is unauthorized by law. Such a devise is not for a “ charitable or humane purpose.” (Gen. Stats., chap. 113, sec. 2; Idem, chap. 13, sec. 1; Bates v. Bates, 134 Mass., 116 (45 Am.
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Case 104 — PETITION EQUITY — APPEAL PROM M’CRACKEN CIRCUIT COURT. A devise of the testator’s entire estate for the erection of a monument is unauthorized by law. Such a devise is not for a “ charitable or humane purpose.” (Gen. Stats., chap. 113, sec. 2; Idem, chap. 13, sec. 1; Bates v. Bates, 134 Mass., 116 (45 Am. Rep., 305); Jarman on Wills, Bigelow’s 5th ed., vol. 1, p. 211; Hoare v. Osborne, L. R., 1 Eq., 585; Mellick v. Pres’t Asylum, Jac., 180; Moore’s Trustees v. Moore’s Heirs, 4 Mon., 201; 5 Dana, 427; Price v. Maxwell, 4 Casey, 23; Roper on Legacies, vol. 2, 138; Duvan v. Motteux, 1…
1Opinion of the CourtChief Justice Holt
John S. Ford died childless on September 5, 1884, at the age of seventy-seven years, having made his will in the manner provided by onr statute on June 9, 1884. . On September 11th following, it was probated in the county court. His widow died May 6, 1888, and on January 4, 1889, an appeal was taken to the Common Pleas Court, where it was assailed by his brother and sister upon the two-fold ground of incapacity and undue influence. The case was there tried upon these issues alone, resulting in the will being sustained. As usual in such cases, there is testimony pro et con; but from a careful…
2Cases cited1 opinion
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
3Cited by16 opinions
- Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
- Commonwealth v. Young Men's Christian Ass'nCourt of Appeals of Kentucky · 1903
- Tichenor v. Brewer'sCourt of Appeals of Kentucky · 1895
- SNOUFFER, ETC. v. Peoples Trust and Sav. Co.Indiana Court of Appeals · 1965
- Lexington Cemetery Co. v. Commonwealth Ex Rel. Unemployment Compensation CommissionCourt of Appeals of Kentucky (pre-1976) · 1944
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