Newcomb v. Newcomb
Court of Appeals of Kentucky
Case 83 — Action for Settlement of Estate APPEAL FROM HENDERSON CIRCUIT COURT. 1. In July, 1890, E. B. Newcomb died in France but was domiciled in Henderson, Ky. 2. He left tbe appellee, W. S. Newcomb, the only child of bis first wife, and the appellant, his widow and two children of the last marriage, B. B'. and Mary Newcomb. 3. Part of his estate consisted of 1,227 hogsheads of tobacco then in Liverpool and London.
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Case 83 — Action for Settlement of Estate APPEAL FROM HENDERSON CIRCUIT COURT. 1. In July, 1890, E. B. Newcomb died in France but was domiciled in Henderson, Ky. 2. He left tbe appellee, W. S. Newcomb, the only child of bis first wife, and the appellant, his widow and two children of the last marriage, B. B'. and Mary Newcomb. 3. Part of his estate consisted of 1,227 hogsheads of tobacco then in Liverpool and London. It is the subject matter of this litigation. 4. He married appellant in 1864, in Canada. On December 14, 1865, he was naturalized as a British subject in Canada. Ipso facto Mrs.…
1Opinion of the Court
Opinion op the court by
JUDGE BURN AM
Reversing.
In 1890 E. B. Newcomb died, domiciled in Henderson county, Ky. He left surviving him a widow, two children by her, and one son, the appellee herein, the offspring of a former marriage. At the time of his death he left three papers, each purporting to be his last will and testament. One was dated in July, 1888, one (in his own handwriting) was dated March 1, 1890, and the other was dated March 4, 1890. On the 25th day of August thereafter the Hender*587son County Court admitted to probate the'will dated March 4, 1890, on motion of appellant, who was…
2Cases cited6 opinions
- Case of Broderick's WillSupreme Court of the United States · 1875
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- Keer v. Devises of MoonSupreme Court of the United States · 1824
- Newcomb's Ex'or v. NewcombCourt of Appeals of Kentucky · 1894
- Mitchell v. HolderCourt of Appeals of Kentucky · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Wheeler, County Tax Commissioner v. BurgessCourt of Appeals of Kentucky (pre-1976) · 1936
- Dickey v. BagbyCourt of Appeals of Kentucky · 1978
- Higgins v. EatonU.S. Circuit Court for the District of Northern New York · 1911