Tabor v. McIntire
Court of Appeals of Kentucky
Case 105 — EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. 1. The paper in controversy does not dispose of any property, and is therefore not a will. (Redfield on Wills, vol. 1, pp. 4 and 5; Jarman on Wills, vol. 1, p. 1; Bouvier’s Law Dictionary, “Wills;” 4 Kent, 501; Byers v. Byers, 6 Dana, 313.) '■2. A testator cannot disinherit his heir, unless he devises his estate to some one else.
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Case 105 — EQUITY APPEAL PROM MONTGOMERY CIRCUIT COURT. 1. The paper in controversy does not dispose of any property, and is therefore not a will. (Redfield on Wills, vol. 1, pp. 4 and 5; Jarman on Wills, vol. 1, p. 1; Bouvier’s Law Dictionary, “Wills;” 4 Kent, 501; Byers v. Byers, 6 Dana, 313.) '■2. A testator cannot disinherit his heir, unless he devises his estate to some one else. (Boisseau, &c., v. Aldridges, 5 Leigh (Ya.) Reports, 222.) 3. The brother of the excluded heir takes their mother’s share to the exclusion of the brothers and sisters of the testatrix. •4. The devise to Thomas…
1Opinion of the Court
JUDGE ITARGIS
delivered the opinion of the court.
Malvina Congleton, having a brother and sister, and nephews and nieces of three deceased brothers and one deceased sister, but without children, died leaving a holographic will in the following language:
“ For sundry reasons and bad treatment, it is my will and wish that Boone Tabor shan't have any of my property, and Thomas Mclntire, only through a responsible trustee, in the way of clothes and something to keep him from suffering.”
It was probated by the county court of Montgomery, and an administrator with the will annexed appointed.
He and the…
2Cited by5 opinions
- Bradford v. LeakeTennessee Supreme Court · 1910
- Todd v. GentryCourt of Appeals of Kentucky · 1901
- Walters v. NeafusCourt of Appeals of Kentucky · 1910
- Owsley v. GilbertCourt of Appeals of Kentucky (pre-1976) · 1936
- Powers v. PowersSupreme Court of Rhode Island · 1949