Miller v. Cabell
Court of Appeals of Kentucky
Case 30-EQUITY APPEAL PROM HART CIRCUIT COURT. I. The appeal from the county to the circuit court was never effected. (Ky. Law Rep., April, 1881, Pryor v. Mayner, p. 253; sec. 734, Civil Code; ch. 2, sec. 725, Civil Code.) 2. The notice for the, change of venue was insufficient, and the change erroneous.
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Case 30-EQUITY APPEAL PROM HART CIRCUIT COURT. I. The appeal from the county to the circuit court was never effected. (Ky. Law Rep., April, 1881, Pryor v. Mayner, p. 253; sec. 734, Civil Code; ch. 2, sec. 725, Civil Code.) 2. The notice for the, change of venue was insufficient, and the change erroneous. (Gen. Stat., sec. 2, art. 1, chap. 12; sec. 627, Civil Code; subsoc. 1, sec. 35, Civil Code; lb., subsec. 3; sec. 38, Civil Code; lb., sec. 32; lb., sec. 59; snhsec. 3, sec. 36, Civil Code; 9 Bush, 498; sec. 4, art. 1, ch. 12, Gen. Stat.; 1 Rodman, Kennedy v. The Commonwealth, 449; Gen.…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion oe the court.
The present appellants, William and Eddie Miller, who are the grandchildren of Clayton Miller, deceased, offered for probate, in the Adair county court, a paper containing, in substance, as was alleged, the last will and testament of their grandfather. The motion to probate the paper was based on the further statement that Clayton Miller had executed a last will, and the same had been lost or mislaid, and, upon the hearing in the county court, the paper was admitted to probate as his last will.
The appellants, at the time they instituted the…
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