Swinebroad v. Bright
Court of Appeals of Kentucky
■Case 52 — Action by Kate B. Swinebroad, &c., against George P. Bright, &c., as Executors oe Greenberry Bright, Deceased, to Recover a Legacy. APPEAL PROM LINCOLN CIRCUIT COURT.
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■Case 52 — Action by Kate B. Swinebroad, &c., against George P. Bright, &c., as Executors oe Greenberry Bright, Deceased, to Recover a Legacy. APPEAL PROM LINCOLN CIRCUIT COURT. Former Opinion Withdrawn and on Rehearing Greenberry Bright, the father of the appellant, Kate B. .Swine-broad, died December 3, 1896, and by his will devised to his said-daughter as follows: “I will and bequeath to my daughter, Kate Swinebroad, $1,000.00 in addition to the amount paid her and her family.” This legacy the appellant demanded of the executors of her father, who refused to pay it or.any part of it,…
1Opinion of the Court
Opinion of the court dy
JUDGE HOBSON
on rehearing — Reversing. (Fob former opinion, see 73 S. Wl, 1031; 24 R., 2253.)
Appellant’s father devised to her §1,000. Appellee, as his executor, refused to pay her the amount, on the ground that the legacy had been adeemed. She thereupon sued to recover it. The case is here for the second time. The facts of the case are stated in'the former opinion. See Swinebroad v. Bright, 23 R., 55, 62 S. W., 484. On that appeal there had been a judgment for defendant, which was reversed on the ground that under the statute the burden of proof was on the executor to…
2Cases cited7 opinions
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Flood v. PragoffCourt of Appeals of Kentucky · 1881
- Williams' Ex'r v. WilliamsCourt of Appeals of Kentucky · 1890
- Hopkins' Adm'r v. FaeberCourt of Appeals of Kentucky · 1887
- Swinebroad v. BrightCourt of Appeals of Kentucky · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Doty's Adm'r v. Doty's GuardianCourt of Appeals of Kentucky · 1904
- Combs v. RoarkCourt of Appeals of Kentucky · 1924
- Kentucky Utilities Co. v. McCarty's AdministratorCourt of Appeals of Kentucky · 1916
- Bannon v. Patrick Bannon Sewer Pipe Co.Court of Appeals of Kentucky · 1909
- Baskett, Nichols & Norment v. RudyCourt of Appeals of Kentucky · 1919
3 more not listed; retrieve them via the Exa API.