Simon v. Wildt
Court of Appeals of Kentucky
Case 23 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. When an instrument shows an intention to pass an estate or interest in property to take effect after the death of the maker, it is a will,, and revocable at any time before his death. (Johnson v. Gancy, 20 Ga., 707; Steward v. Steward, 5 Conn., 317; Pitkin v. Pitkin, 7 Conn., 315; Meek’s Appeal, 97 Pa.
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Case 23 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. When an instrument shows an intention to pass an estate or interest in property to take effect after the death of the maker, it is a will,, and revocable at any time before his death. (Johnson v. Gancy, 20 Ga., 707; Steward v. Steward, 5 Conn., 317; Pitkin v. Pitkin, 7 Conn., 315; Meek’s Appeal, 97 Pa. St., 313; Williams v. Tolbert, 66 Ga., 127; Sperker v. Balster, 66 Ga., 317; Kimbrenner v. Kimbrenner, 35 Ala., 628; Jordan v. Jordan, 65 Ala., 301; Gillham v. Mustin, 42 Ala., 365; Adams v. Broughton, 13 Ala., 731; Armstrong…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
The appellant, August Simon, brought this action upon two notes executed by the appellee, August Wildt, one of them being a lien note for the purchase money of land, dated in March, 1872, and for one thousand four hundred and twenty-five dollars, • and the other a mortgage lien note against the same land for one thousand and thirty dollars, dated in October, 1873.
The first defense interposed was that the appellant was not the owner of them. Tt appears that he, on October 25, 1880, assigned them to the appellee, George Peilbach, and the transfer was…
2Cited by6 opinions
- Ball-Thrash & Co. v. McCormickSupreme Court of North Carolina · 1913
- Hutcheson v. KingCourt of Appeals of Texas · 1904
- McDowell v. BiddisonCourt of Appeals of Maryland · 1913
- Stamper v. LunsfordCourt of Appeals of Kentucky · 1919
- Mallory v. MalloryKentucky Supreme Court · 1993
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