Legal Opinion

Trustees Kentucky Female Orphan School v. Fleming

Court of Appeals of Kentucky

Decided September 9, 1874PublishedCited by 18 opinions

Case 8 — PETITION EQUITY APPEAL TEOM LOUISVILLE CHANCERY COURT. CITED Greenleaf on Evidence, sections 576, 577. Revised Statutes, chap. 40, secs. 5, 9, 10; 2 Stanton, p. 133, sec. 7. Lindley on Partnerships, p. 600, s. p. 760. Revised Statutes, Act.adopting, 1 Stanton, 177. Act of 1792, 1 M. & B., p. 778. Act of 1819, 1 Stanton, pp. 778, 780. Civil Code, p. 181, sec. 471. Jarman on Wills, pp. 395, 89. Howard’s Appeal Cases, 266, Wambaugh v. Gates. 5Rob.

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Case 8 — PETITION EQUITY APPEAL TEOM LOUISVILLE CHANCERY COURT. CITED Greenleaf on Evidence, sections 576, 577. Revised Statutes, chap. 40, secs. 5, 9, 10; 2 Stanton, p. 133, sec. 7. Lindley on Partnerships, p. 600, s. p. 760. Revised Statutes, Act.adopting, 1 Stanton, 177. Act of 1792, 1 M. & B., p. 778. Act of 1819, 1 Stanton, pp. 778, 780. Civil Code, p. 181, sec. 471. Jarman on Wills, pp. 395, 89. Howard’s Appeal Cases, 266, Wambaugh v. Gates. 5Rob. Prac., p. 25; 1 ibid. 441, 495; 2 ibid. 307. 2 Denio, 416, Stewart v. Trustees of Hamilton College. 2 Williams on Executors, 1603, 1526. 5…

1Opinion of the Court

JUDGE GOFER

delivered the opinion of the court.

Appellants brought this suit against appellees, W. B. Fleming, executor of Mary Parrish, Avho Avas a devisee of R. M. Parrish, and Rosa Parrish, who is a devisee of both R. M. Parrish and Mary Parrish, seeking to recover the amount of a note purporting to have been executed to them by R. M. Parrish.

The facts are about these: the note bears date July 1, 1856, and was due five years after date, with interest from date, payable annually in advance. R. M. Parrish died in the autumn of 1858, having first made and published his last will and testament,…

2Cases cited1 opinion

  1. Collier v. Baptist Education SocietyCourt of Appeals of Kentucky · 1847

3Cited by18 opinions

  1. Bronston's Admr. v. LakesCourt of Appeals of Kentucky · 1909
  2. Massie v. PaulCourt of Appeals of Kentucky (pre-1976) · 1936
  3. Whitteker v. HolcombCourt of Appeals of Kentucky · 1917
  4. Floyd v. Christian Church Widows & Orphans HomeCourt of Appeals of Kentucky (pre-1976) · 1943
  5. Walsh v. PearceCourt of Appeals of Kentucky · 1912

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