Legal Opinion

P'Pool's Ex'or v. P'Pool's Ex'tx

Court of Appeals of Kentucky

Decided December 5, 1905PublishedCited by 1 opinion

Case 75 — CONTEST OVER TWO PAPERS PURPORTING TO BE THE WILL OP OSCAR P’POOL, DECEASED. Appeal from Trigg Circuit Court. Thos. P. Cook, Circuit Judge.- From the judgment the executor appeals. The signature to the first will when it was revoked was dead, and if this is true, it could never have been revived except by a new 'signature, which it is not claimed was done.

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Case 75 — CONTEST OVER TWO PAPERS PURPORTING TO BE THE WILL OP OSCAR P’POOL, DECEASED. Appeal from Trigg Circuit Court. Thos. P. Cook, Circuit Judge.- From the judgment the executor appeals. The signature to the first will when it was revoked was dead, and if this is true, it could never have been revived except by a new 'signature, which it is not claimed was done. (Maxwell v. Maxwell, 3 Met., 101; Dougherty v. Dougherty, 4 Met., 25; Stewart v. Mulholland, 88 Ky., 38.) We submit that there are only three ways in which a will can be revoked under our statute, sec. 4833. 1st. By marriage, sec.…

1Opinion of the Court

Opinion by

Judge Barker

Affirming.

Oscar P’Pool, a resident of Cerulean Springs, Trigg county, Ky., on the 6th day of October,, 1900, executed in due form a holographic will, by which he devised $500 to his mother and the rest of his property to his wife, Mary L. P’Pool, now Mary L. Gardner. On the 15th day of January, 1901, at the home of his mother, near Hopkinsville, Ky., he executed in due form another holographic will, by which he devised his property equally to his wife and his mother, Mrs. C. B. Armstrong. On the 25th day of October, 1901, he obtained from his wife the will bearing date…

2Cases cited5 opinions

  1. Flood v. PragoffCourt of Appeals of Kentucky · 1881
  2. Soward v. SowardCourt of Appeals of Kentucky · 1863
  3. Upchurch v. UpchurchCourt of Appeals of Kentucky · 1855
  4. Porter v. FordCourt of Appeals of Kentucky · 1884
  5. Case of Cochran's Will & TestamentCourt of Appeals of Kentucky · 1814

3Cited by1 opinion

  1. Wroblewski Ex Rel. Martin v. YeagerCourt of Appeals of Kentucky (pre-1976) · 1962

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