Trustees of Home for Poor Catholic Men v. Coleman
Court of Appeals of Kentucky
CASE 61. — ACTION BY THOMAS P. COLEMAN AGAINST THE TRUSTEES OP THE “HOME FOR POOR CATHOLIC MEN” UNDER THE WILL OP JOHN D. O’LEARY, AND AGAINST THE EXECUTOR OP J. C. AMISS AND OTHERS. — March 29. Appeal from Jefferson Circuit Court (Chancery Branch, Second Division). StbrliNG B. Toney, Judge. From a judgment for costs against the trustees they appeal, and from a judgment in favor of the executor the plaintiff appeals. CLASSIFICATION OF POINTS AND AUTHORITIES. AUTHORITIES.
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CASE 61. — ACTION BY THOMAS P. COLEMAN AGAINST THE TRUSTEES OP THE “HOME FOR POOR CATHOLIC MEN” UNDER THE WILL OP JOHN D. O’LEARY, AND AGAINST THE EXECUTOR OP J. C. AMISS AND OTHERS. — March 29. Appeal from Jefferson Circuit Court (Chancery Branch, Second Division). StbrliNG B. Toney, Judge. From a judgment for costs against the trustees they appeal, and from a judgment in favor of the executor the plaintiff appeals. CLASSIFICATION OF POINTS AND AUTHORITIES. AUTHORITIES. Kentucky Cases. Attorney General v. Wallace, 7 Ben. Mon., 621; Thirlwell v. Campbell, 11 Bush, 164-166; Urey’s Adm’r v.…
1Opinion of the Court
OPINION OF THE COURT BY
JlTDGE PAYNTER.
The will of John D. O’Leary was probated May 19, 1893, by which he devised a large estate. O. J. Amiss was nominated and qualified as executor of the will. He instituted a suit September 25, 1893, in the chancery court for the settlement of the estate. The appellant, Ooleman, and one Hays, on May 18, 1894, appealed from the order probating the will, and on their motion the appeal was dismissed J une 1, 1896. The commissioner’s report was filed October 30,1896, The trustees of the Home for Poor Catholic Men *550were the residuary legatees under O’Leary’s will,…
2Cases cited5 opinions
- Taylor v. MinorCourt of Appeals of Kentucky · 1890
- Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
- Attorney General v. Wallace's DeviseesCourt of Appeals of Kentucky · 1847
- Bailey's Admrs. v. BarclayCourt of Appeals of Kentucky · 1901
- Urey's Adm'r v. Urey's Ex'xCourt of Appeals of Kentucky · 1887