Evans' Admr. v. Evans
Court of Appeals of Kentucky
CASE 81 — ACTION BY ELIJAH S. EVANS’ ADMINISTRATOR WITH THE WILL ANNEXED, AGAINST 'EDWARD EVANS. — Appeal from Nelson Circuit Court. Judgment for plaintiff, defendant appeals.- — AUTHORITIES CITED.
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CASE 81 — ACTION BY ELIJAH S. EVANS’ ADMINISTRATOR WITH THE WILL ANNEXED, AGAINST 'EDWARD EVANS. — Appeal from Nelson Circuit Court. Judgment for plaintiff, defendant appeals.- — AUTHORITIES CITED. Kentucky Statutes, Russell’s Sections 3937 and 3938; Gullie v. Prather’s Adm’r., 7th Bush, page 167; Marrett v. Babh’s Ex’or., 91st Ky., page 90; Revised Statutes, Section 13, Chapter 37; Shields, &c. v. Smith, Sec,., 8th Bush, page 604; Ward v. Puttman, 85th S. W. page 181; Harding’s Adm’r v. Weiseger, 109 S. W. 890; New York Revised Statutes, Sections 72, 22; Shannon’s Code, Tenn. Sec. 3976;…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
— Affirming.
Elijah S. Evans died a resident of Nelson county-on October 23, 1908, leaving a will which was duly probated in the Nelson County Court. The will is in these words:
“I, Elijah S. Evans, of the county of Nelson, State of Kentucky, being of sound mind and disposing memory do make and declare this to be my last will and testament.
“1. I want all my debts and funeral expenses paid.
“2. I give and devise to my sister Mary Bell Evans all of my real estate, the farm that I now live on as long as she lives, and after her death it is to be sold and divided…
2Cases cited3 opinions
- Marrett v. Babb's Ex'rCourt of Appeals of Kentucky · 1891
- Shields v. SmithCourt of Appeals of Kentucky · 1871
- Gulley v. Prather's administratorCourt of Appeals of Kentucky · 1870
3Cited by7 opinions
- Haggin v. StrausCourt of Appeals of Kentucky · 1912
- Varble v. Collins' Exor.Court of Appeals of Kentucky · 1916
- Walker's Trustee v. WalkerCourt of Appeals of Kentucky · 1922
- Dunevant v. Radford's Admr.Court of Appeals of Kentucky · 1910
- Evans v. SmithCourt of Appeals of Kentucky (pre-1976) · 1946
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