Brossenne v. Schmitt
Court of Appeals of Kentucky
Case 86 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. This is not a case for election. Before a devisee can he required to make an election the will must clearly show that the testator so intended. (Story’s Equity, secs. 1075, 1088, 1089; Adams’ Equity, pages 92, 94; Bispham, see. 303; Pomeroy’s Equity, vol. 1, secs. 472, 504; Paris v. Dunn, 7 Bush, 286; Baker v. Bed, 4 Dana, 158; Bailey v. Duncan, 4 Mon., 267; Wood v. Lee, 5 Mon., 58; Bryson v. Osenton, 5 Ky.
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Case 86 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. This is not a case for election. Before a devisee can he required to make an election the will must clearly show that the testator so intended. (Story’s Equity, secs. 1075, 1088, 1089; Adams’ Equity, pages 92, 94; Bispham, see. 303; Pomeroy’s Equity, vol. 1, secs. 472, 504; Paris v. Dunn, 7 Bush, 286; Baker v. Bed, 4 Dana, 158; Bailey v. Duncan, 4 Mon., 267; Wood v. Lee, 5 Mon., 58; Bryson v. Osenton, 5 Ky. Law Bep., 447.) The will raises a case of election. The law relied upon for appellants has no application here. (Pomeroy’s…
1Opinion of the CourtChief Justice Holt
diaries Hilbert and Ms wife owned jointly tbe two lots of land in contest. Sbe died intestate. He sub*466sequently died testate. They had three children, the appellants, Louisa Brossenne and Emma Mahlmann, and the appellee, Carrie Schmitt, who, as the heirs-at-law of their mother, inherited her undivided one-half of the two lots. The father by his will devised them to the appellee, Carrie Schmitt, for life, remainder to her children. He devised other real estate, and also bequeathed personalty, to the other two daughters. The will was probated in June, 1888, and this action was brought by them in…
2Cases cited2 opinions
- Penn v. GuggenheimerSupreme Court of Virginia · 1882
- Isler v. . IslerSupreme Court of North Carolina · 1883
3Cited by8 opinions
- Hood v. NicholCourt of Appeals of Kentucky (pre-1976) · 1930
- Wood v. Conqueror Trust Co.Supreme Court of Missouri · 1915
- Cavin v. LittleCourt of Appeals of Kentucky (pre-1976) · 1926
- Christen v. ChristenCourt of Appeals of Kentucky · 1919
- Cooke v. Fidelity Trust & Safety Vault Co.Court of Appeals of Kentucky · 1898
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