Legal Opinion

Welch v. Lewis

Court of Appeals of Kentucky

Decided October 21, 1898PublishedCited by 5 opinions

Case 70 — IN EQUITY APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The proof does not sustain the allegations of the petition that the release was procured by fraud. 2. The proof shows that Mrs. Welch was the meritorious cause of the accumulation of the property which constituted the estate of James Welch. 3.The transfer to Mrs. Welch constituted a valid gift. Brown v. Brown, 4 B. M., 535; Payne v. Powell, 5 Bush, 248; Roche v. George’s Exrs., 13 Ky.

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Case 70 — IN EQUITY APPEAL FROM FRANKLIN CIRCUIT COURT. 1. The proof does not sustain the allegations of the petition that the release was procured by fraud. 2. The proof shows that Mrs. Welch was the meritorious cause of the accumulation of the property which constituted the estate of James Welch. 3.The transfer to Mrs. Welch constituted a valid gift. Brown v. Brown, 4 B. M., 535; Payne v. Powell, 5 Bush, 248; Roche v. George’s Exrs., 13 Ky. Law Rep., 493; 93 Ky., 609; Weddington v. Meade, &c., 11 Ky. Law Rep., 862; Meriwether v. Morrison, 78 Ky., 572; Stephenson’s Admr. v. King, 81 Ky.,…

1Opinion of the Court

JUDGE GUPPY

DELIVERED THE OPINION OE THE COURT.

It appears from this record that James Welch died, intestate, in Franklin county, Ky., in August, 1894, leaving a widow, the appellant, Kate Welch, but no children, and that Pat Newman was appointed administrator of the estate of said decedent. It further appears that on July 26, 1895, Kate Lewis, and Ben Lewis, her husband, instituted an' action in the Franklin Circuit Court against Kate W'elch, Pat Newman, adminstrator of said James Welch, Mollie Driscoll, and. John Driscoll, her husband, Annie Connors, and Mike Connors, her husband, and Daniel…

2Cited by5 opinions

  1. Swearingen's v. TylerCourt of Appeals of Kentucky · 1909
  2. Mutual Life Ins. v. O'KeilCourt of Appeals of Kentucky · 1903
  3. Anderson v. L. & N. R. R.Court of Appeals of Kentucky · 1909
  4. Louisville Trust Co. v. SmithDistrict Court, W.D. Kentucky · 1961
  5. Ady v. AdySupreme Court of Kansas · 1921

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