Muller v. Muller
Court of Appeals of Kentucky
Case 70 — Action Contesting Will APPEAL PROM M’CRACKEN' CIRCUIT COURT. "Will of Barbara Muller, Deceased, Contested by John P. Muller and Others — Judgment for Contestants — Propounders Appeal. 1. A subsequent will does not revoke a former one unless it contains a revocatory clause or makes an inconsistent disposition of property devised in the former one.
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Case 70 — Action Contesting Will APPEAL PROM M’CRACKEN' CIRCUIT COURT. "Will of Barbara Muller, Deceased, Contested by John P. Muller and Others — Judgment for Contestants — Propounders Appeal. 1. A subsequent will does not revoke a former one unless it contains a revocatory clause or makes an inconsistent disposition of property devised in the former one. Sehouler on Wills, secs. 407, 408, 412. 2 The mere execution of a subsequent will which is lost, and its contents can not be proven, is not sufficient to revoke a former one that is retained uncancelled. Woerner on Am. Law of…
1Opinion of the Court
Opinion of the court by
JUDGE BUBNAM
Beversinu.
Appellants, without notice to appellees, caused a papen dated July 22, 1893, to be probated in the McCracken County Court on the 12th day of May, 1897, as the last will and testament of Barbara Muller, deceased. Appellees appealed to the circuit court, and on the trial the jury found the .paper not to be the last will of Barbara Muller, and judgment was rendered in accordance therewith. This paper devised to appellants property of the value of several thousand dollars-, and excluded appellees, with the exception of a bequest of five dollars to each…
2Cases cited2 opinions
- Nelson v. McGiffertNew York Court of Chancery · 1848
- Brant ex dem. Wilson v. WilsonCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by9 opinions
- Turner v. HeavrinCourt of Appeals of Kentucky · 1918
- Wood v. WoodCourt of Appeals of Kentucky (pre-1976) · 1931
- In Re Shelton's WillSupreme Court of North Carolina · 1906
- In re Shelton's WillSupreme Court of North Carolina · 1906
- Spradlin v. AdamsCourt of Appeals of Kentucky · 1919
4 more not listed; retrieve them via the Exa API.