Davies v. Leete
Court of Appeals of Kentucky
Case 70 — Proceeding to Probate Will APPEAL PROM GREENUP CIRCUIT COURT. Appeal erom the County Court Dismissed by the Circuit Court and David C. Davies ■ Appeals. At the January term, 1899 of the Greenup county court, an exemplified copy of the supposed last will and testament of Mary McNichols from the probate court of Lawrence county, Ohio, was filed and application made for probate of same and ■the probate thereof continued.
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Case 70 — Proceeding to Probate Will APPEAL PROM GREENUP CIRCUIT COURT. Appeal erom the County Court Dismissed by the Circuit Court and David C. Davies ■ Appeals. At the January term, 1899 of the Greenup county court, an exemplified copy of the supposed last will and testament of Mary McNichols from the probate court of Lawrence county, Ohio, was filed and application made for probate of same and ■the probate thereof continued. At ithe March term, 1899, the following entry was made by the Greenup county court: “An instrument of writing purporting to be an authenticated copy, and the…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Reversing.
Mary MeNichols, a resident of the State of Ohio, died' in the year 1882. She was an unmarried daughter of Patrick McNiohols. From a paper alleged to be ‘her last will it appears that she attempted to dispose of all her property to her sister, Sarah J. Holland (now Sarah J. Leete). This paper was offered for probate, it is -said,, to the proper court in Ohio, in February, 1.883, but seems not to have been acted on till October, 1898, when it was probated. Thereafter, in. January, 1899, am exemplified copy -of the probate proceedings on the will…
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