Foster v. Jordan
Court of Appeals of Kentucky
CASE 58. — PROCEEDINGS BY FRANK FOSTER AND OTHER'S FOR THE PROBATE OF THE WILL OF JOHN Mc-INTOSH, A NON-RESIDENT OF KENTUCKY. — Appeal from Hickman Crcuit Court. R. J. Bugg, Circuit Judge.
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CASE 58. — PROCEEDINGS BY FRANK FOSTER AND OTHER'S FOR THE PROBATE OF THE WILL OF JOHN Mc-INTOSH, A NON-RESIDENT OF KENTUCKY. — Appeal from Hickman Crcuit Court. R. J. Bugg, Circuit Judge. From an order of the County Court admitting the will to probate, and from an order of the Circuit Court refusing probate, the propounders appeal. — POINTS AND AUTHORITIES. 1. Can the right to probate the will of a nonresident relative to estate within this Commonwealth, which will was duly probated at the domicile of the testator, be defeated by a plea of limitation? (Ky. Stats., 4854; Allen v. Froman, 96…
1Opinion of the Court
Opinion of the Court by
Judge Nunn —
Affirming.
One John McIntosh died m the year 1859, testate, domiciled in Davidson county, Tenn. At the June term, 1859, of the Davidson county court, a court of •probate jurisdiction, his will was duly probated. In this will the testator disposed of his estate in Tennessee, and then gave to one of his sons a ad to his daughter, Louisa E. Foster, for her life, with remainder over to her children, and to a grandchild, certain real estate located in Hickman county, Ky. About the year 1865 the grandchild of McIntosh, to whom he devised an interest in the Kentucky…
2Cases cited7 opinions
- Allen v. FromanCourt of Appeals of Kentucky · 1894
- Hoffert v. MillerCourt of Appeals of Kentucky · 1888
- Morrison v. FletcherCourt of Appeals of Kentucky · 1905
- Davies v. LeeteCourt of Appeals of Kentucky · 1901
- Reid's Admr. v. BengeCourt of Appeals of Kentucky · 1902
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3Cited by15 opinions
- Ingersoll v. GourleyWashington Supreme Court · 1913
- Dickson v. DicksonTexas Commission of Appeals · 1928
- Allen v. Lovell's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1946
- In Re Will of ThompsonSupreme Court of North Carolina · 1919
- In Re Estate of HumeCalifornia Supreme Court · 1918
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