Schultz v. Schultz

STANLEY, Commissioner.

The case is submitted upon a motion to dismiss the appeal. The motion raises a question of construction or reconcilement of two procedural statutes which are literally inconsistent. One is a special limitation and the other a general provision extending time for an appeal to a defendant under the disability of infancy.

A declaratory judgment was rendered on November 22, 1941, that Ann Schultz, then three years of age, was not entitled as a pretermitted child (KRS 394.380) to any interest in the estate of Jacob Schultz, deceased, who had devised his entire estate to his…