Porter v. Ford
Court of Appeals of Kentucky
Case 31 — WILL APPEAL FROM KENTON CIRCUIT COURT. 1. A paper purporting to be a last will and testament, written and signed by a married woman (having no separate estate and not acting under a power), is not her will. The paper does not, after the termination of her coverture, become her will by a declaration that she has made a will or by an obliteration of a portion of the writing.
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Case 31 — WILL APPEAL FROM KENTON CIRCUIT COURT. 1. A paper purporting to be a last will and testament, written and signed by a married woman (having no separate estate and not acting under a power), is not her will. The paper does not, after the termination of her coverture, become her will by a declaration that she has made a will or by an obliteration of a portion of the writing. Gen. S'tats., chap. 113, secs. 2, 4, 5, 10, and 11;. Payne v. Pollard, 3 Bush, 127; Anderson v. Miller, 6 J. J. Mar., 573; Yates’ Will, 2 Dana, 216; George v. Bussing, 15 B. Mon., 563; Jarman on Wills, vol. 1,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
This is an appeal from a judgment of the Kenton circuit court ordering to probate a paper dated June '8,. 1868, as the last will of Mrs. Lucy L. Porter, who died in 1881.
The paper was wholly written and subscribed by her. But a,t the date it bears she was a married woman, the-wife of Thomas Porter, who died in 1875.
By it she devised to her daughter," Mrs. Lucy E. Ford, her residence in the city of Covington, and all her personal property except certain specific legacies, which she directed paid to the Baptist Home Missions, to her son, Thomas…
2Cited by10 opinions
- Stewart v. MulhollandCourt of Appeals of Kentucky · 1888
- Robertson v. RobertsonCourt of Appeals of Kentucky (pre-1976) · 1930
- Garnett v. FostonCourt of Appeals of Kentucky · 1906
- Ward v. PutnamCourt of Appeals of Kentucky · 1905
- Weiss v. HanscomCourt of Appeals of Kentucky (pre-1976) · 1947
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