Myers' Guardian v. Myers' Adm'r
Court of Appeals of Kentucky
Cas* 66 — PETITION EQUITY APPEAL FROM FLEMING CIRCUI! COURT. 1. A debtor has the right to dispose of his homestead, either by deed or will, and creditors can not complain. (Brooks v. Collins, 11 Bush, 622.) The case of Watson v. Christian, 12 Bush, 524, explained. 2. The infant defendant had the right to have money realized by a sale of real estate set apart to her in lieu of the exempted personalty not on hand.
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Cas* 66 — PETITION EQUITY APPEAL FROM FLEMING CIRCUI! COURT. 1. A debtor has the right to dispose of his homestead, either by deed or will, and creditors can not complain. (Brooks v. Collins, 11 Bush, 622.) The case of Watson v. Christian, 12 Bush, 524, explained. 2. The infant defendant had the right to have money realized by a sale of real estate set apart to her in lieu of the exempted personalty not on hand. (Gen. Stats., p. 484.) 8. The failure of the widow to renounce the provisions of the husband’s will, especially when it confers upon her property beyond the reach of creditors, does…
1Opinion of the CourtChief Justice Lewis
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By his will, dated February 12, 1885, and proved and admitted to record February 23, 1885, Michael A. Myers devised to his wife, Ann J. Myers, for life, remainder to his daughter, Hattie E. Myers, all his estate, consisting of a small amount of personalty, since consumed, and a house and lot, the subject of controversy. June .8,' 1888, J. H. Power was appointed administrator of the estate of the testator, the widow having died in May, 1888, and June 11, 1888, instituted this action for a sale of the house and lot, and application of the proceeds to payment…
2Cases cited4 opinions
- Brooks v. CollinsCourt of Appeals of Kentucky · 1876
- Watson v. ChristianCourt of Appeals of Kentucky · 1877
- Little's Guardian v. WoodwardCourt of Appeals of Kentucky · 1879
- Eustache v. RodaquestCourt of Appeals of Kentucky · 1874
3Cited by9 opinions
- Long v. NorthupSupreme Court of Iowa · 1938
- Pendergest v. HeekinCourt of Appeals of Kentucky · 1893
- Swisher v. SwisherSupreme Court of Iowa · 1912
- In re Estate of GuthrieSupreme Court of Iowa · 1918
- Schnabel v. Schnabel's Ex'rxCourt of Appeals of Kentucky · 1900
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