Legal Opinion

Williamson v. Yager

Court of Appeals of Kentucky

Decided February 26, 1891PublishedCited by 39 opinions

Case 53 — PETITION EQUITY — APPEAL PROM SHELBY CIRCUIT COURT. 1. In arriving at the meaning of the antenuptial contract, some effect must be given to every part of it. (Broom’s Legal Maxims, marginal page 522; Peter v. Daniel, 5 O. B., 579; Shep. Touch., mar. p. 87.) 2. The pretended transaction is not supported by either a good or a valuable consideration.

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Case 53 — PETITION EQUITY — APPEAL PROM SHELBY CIRCUIT COURT. 1. In arriving at the meaning of the antenuptial contract, some effect must be given to every part of it. (Broom’s Legal Maxims, marginal page 522; Peter v. Daniel, 5 O. B., 579; Shep. Touch., mar. p. 87.) 2. The pretended transaction is not supported by either a good or a valuable consideration. As to what is necessary to constitute a good consideration, see Mark v. Clark, 11 B. M., 46; Graves v. Graves, 7 B. M., 213; Cotton v. Graham, 84 Ky., 675. 3. There was not an executed, irrevocable qjft of the notes by Mrs. Williamson to…

1Opinion of the Court

JUDGE BENNETT

delivered the oflntoh of the court.

The question is, did the seven notes — two for one thousand dollars each, and five for eight hundred dollars each — pass as a gift from the appellant to the seven appellees, children of Henry C. Yager. The undisputed facts are these: Henry C. Yager was, in his life-time, indebted to his brother, Silas B. Yager, in a large sum ; and after the death of Silas B. Yager, the appellant, being entitled to said indebtedness by the devise of her husband, Silas B. Yager, caused, on the first day of June of 1880, Henry C. Yager to execute new notes to her…

2Cases cited2 opinions

  1. Barkley v. Lane'sCourt of Appeals of Kentucky · 1869
  2. Barton v. BartonCourt of Appeals of Kentucky · 1882

3Cited by39 opinions

  1. In re Estate of SoulardSupreme Court of Missouri · 1897
  2. Lewis v. CurnuttSupreme Court of Iowa · 1906
  3. Roche v. George's Ex'orCourt of Appeals of Kentucky · 1893
  4. Krankel's v. KrankelCourt of Appeals of Kentucky · 1898
  5. Warner, Etc., Admrs. v. Keiser, Etc., Exrs.Indiana Court of Appeals · 1931

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