Chisholm's Heirs v. Ben
Court of Appeals of Kentucky
Error to the Green Circuit. Chancery. Case 108. (Case slated. To prove a win not in existence, it must appear, 1st. That a valid will was made. 2d. The contents or such part as maybe recorded. 3. That though not existing at the testator’s death, had -not been revoked.
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Error to the Green Circuit. Chancery. Case 108. (Case slated. To prove a win not in existence, it must appear, 1st. That a valid will was made. 2d. The contents or such part as maybe recorded. 3. That though not existing at the testator’s death, had -not been revoked. Evidence examined upon^ the ■due execution .of the ¶ ill. 'By the letter of the statute, the signature is an essential requisite of a will of land or slaves, and it must be complete by signature when attested, Swift vs Riley,(IB. Monroe, 116.) Evidence exam-j¡ ined- in regard t< the contents the-will- The declarations of a…
1Opinion of the Court
Chiet Justice Marshall
delivered the opinion of the Court.
The County Court of Green county having rejected, as not sufficiently proved, a paper offered for probate as containing the substance of the will of Benjamin Chisholm, the case was taken by appeal, into the Circuit Court for ■the same county, where the judgment of the County Court was reversed, and a provision giving to Mrs. Chisholm for her life, the tract of land on which Chisholm had lived, and also six slaves, Ben, Celia and others, and emancipating them at her death, was ordered to be recorded as the will of said Chisholm. To…
2Cases cited3 opinions
- Allison's Devisees v. Allison's HeirsCourt of Appeals of Kentucky · 1838
- Baker v. DobynsCourt of Appeals of Kentucky · 1836
- Case of Harper's Will & TestamentCourt of Appeals of Kentucky · 1815
3Cited by15 opinions
- Goodale v. MurraySupreme Court of Iowa · 1940
- Tobin v. HaackSupreme Court of Minnesota · 1900
- Allen v. Lovell's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1946
- Ferguson v. BillupsCourt of Appeals of Kentucky (pre-1976) · 1932
- Atherton v. GaslinCourt of Appeals of Kentucky · 1922
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