Legal Opinion

Brand's Exr. v. Brand

Court of Appeals of Kentucky

Decided February 1, 1901PublishedCited by 13 opinions

Case 104 — Action fob Settlement of an Estate APPEAL FROM GBAVES CIRCUIT COUBT. Judgment fob Plaintiff and Defendant Appeals.

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Case 104 — Action fob Settlement of an Estate APPEAL FROM GBAVES CIRCUIT COUBT. Judgment fob Plaintiff and Defendant Appeals. We think the judgment in this case is erroneous, because: 1. It was rendered without all the parties to the action being before the court. 2. The court erred in sustaining a demurrer to the defendant’s plea in abatement. 3. In refusing to require the plaintiff to elect which cause of action he would prosecute. 4. In overruling demurrer to the petition of the plaintiff, B. F. Brand. 5. In sustaining demurrer to that part of defendant’s answer which denies plaintiff’s…

1Opinion of the Court

OPINION OF THE COTJBT BY

JUDGE HOBSON

REVERSING.

Appellee 15. F. Brand is the surviving husband of N. E. Brand, who died testate in Graves county in April, 1898, the owner of a considerable estate in real and personal property. By her will, which was duly probated after her death, she devised to her husband, appellee, B. F. Brand, $50’0 in money and one bed and bedding. The rest of her property she devised to others, and directed her executor to sell the land and personal property, and distribute the proceeds pursuant to the will. Appellant, J. T. Webb, the executor named in the will, qualified,…

2Cases cited2 opinions

  1. Carpenter v. HazelriggCourt of Appeals of Kentucky · 1898
  2. Holland v. LoweCourt of Appeals of Kentucky · 1897

3Cited by13 opinions

  1. Truitt v. Truitt's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1942
  2. Gustin ex rel. Atwood v. BrydenAppellate Court of Illinois · 1917
  3. Bains v. Globe Bank & Trust Co.Court of Appeals of Kentucky · 1910
  4. Bottom v. FultzCourt of Appeals of Kentucky · 1907
  5. Palmer v. TurnerCourt of Appeals of Kentucky (pre-1976) · 1931

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