Herbert's Guardian v. Herbert's Ex'r
Court of Appeals of Kentucky
Case 20 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. George W. Herbert did not make any gift inter vivos or causa mortis of his $60,000 of stock, bonds and money, because there was no “ actual unequivocal and complete delivery of them, and no divesting of his control over them.” They remained a part of his estate, and passed under his will to his executors.
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Case 20 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. George W. Herbert did not make any gift inter vivos or causa mortis of his $60,000 of stock, bonds and money, because there was no “ actual unequivocal and complete delivery of them, and no divesting of his control over them.” They remained a part of his estate, and passed under his will to his executors. (Baskett v. Halsell, 107 U. S., 602; Stephenson v. King, 81 Ky., 426; Merriwether v. Morrison, 78 Ky., 572; Robson v. Robson, 3 Del. Chancery; Revel v. Dobroe, 10 Simons, 245.) 2. The devise in G. W. Herbert’s will of his “…
1Opinion of the CourtChief Justice Pbtob
delivered the opimtoh of the court.
George W. Herbert, Senior,..died in the county of Jefferson, leaving a last will and testament, dated on the first of March, 1872. He left his widow surviving him, and oné child, a son, named Sidney Herbert. He was the owner of valuable real and personal estate at the time of his death; his money, bonds and stocks on hand exceeding in value sixty thousand dollars. By his last-will he made ample provision for his widow, and gave to his son, Sidney, and to Georgiana Wright, who was a daughter of his wife by a former husband, an equal interest in the income and…
2Cited by14 opinions
- Greenway v. WhiteCourt of Appeals of Kentucky · 1922
- Coots v. YewellCourt of Appeals of Kentucky · 1894
- Slack v. DowningCourt of Appeals of Kentucky (pre-1976) · 1930
- O'Bryan v. EnglandCourt of Appeals of Kentucky · 1916
- Todd v. FinleyCourt of Appeals of Kentucky · 1915
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