Duncan's trustee v. Clay
Court of Appeals of Kentucky
Case 8 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The testator having disposed of his whole estate by will before making the gift to appellant, it was not and could not be considered an advancement, nor was it made in satisfaction of any part of the devise to him by the donor. Sec. 17, of chap. 106, Title "Wills, Revised Statutes, can be taken as more clearly construing the effect of sec. 17 of the chapter on Descent and Distribution.
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Case 8 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. The testator having disposed of his whole estate by will before making the gift to appellant, it was not and could not be considered an advancement, nor was it made in satisfaction of any part of the devise to him by the donor. Sec. 17, of chap. 106, Title "Wills, Revised Statutes, can be taken as more clearly construing the effect of sec. 17 of the chapter on Descent and Distribution. “ An advancement is an irrevocable gift by a parent, who afterward dies intestate, of the whole or a part” of his estate. (Williams on Ex’rs,…
1Opinion of the CourtChief Justice Lindsay
No sufficient reason is shown why the partition made by the commissioners should be disturbed. They were not misled by the misdescriptions of the property contained in the record. They made an actual examination of each piece of realty, and were guided in their investigations by the title papers, and not by the memoranda filed with the pleadings. Further than this, the correctness of the various appraisements and valuations is sustained by the preponderance of the evidence.
But it was error to charge Blanton H. Duncan with the $6,166.50 given him by the testator in 1854. By the last will and…
2Cases cited1 opinion
- Grigsby's v. WilkinsonCourt of Appeals of Kentucky · 1872
3Cited by8 opinions
- Erdman's Administrator v. Erdman's & TrusteeCourt of Appeals of Kentucky (pre-1976) · 1929
- Louisville Trust Co. v. Southern Baptist Theological SeminaryCourt of Appeals of Kentucky · 1912
- Maria Stiff's v. Helm StiffCourt of Appeals of Kentucky (pre-1976) · 1927
- Swinebroad v. BrightCourt of Appeals of Kentucky · 1901
- Schaeffer v. Vogt's TrusteeCourt of Appeals of Kentucky · 1902
3 more not listed; retrieve them via the Exa API.