Miller v. Swan & Brown
Court of Appeals of Kentucky
Case 5 — PETITION EQUITY — APPEALS FROM LOUISVILLE LAW AND EQUITY COURT. 1, An order of the county court admitting a will to probate is conclusive except as to matters of jurisdiction.
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Case 5 — PETITION EQUITY — APPEALS FROM LOUISVILLE LAW AND EQUITY COURT. 1, An order of the county court admitting a will to probate is conclusive except as to matters of jurisdiction. (Gen. Stats., chap. 113, see. 28; Jacobs’ Adm’r v. L. & N. R. Co., 10 Bush, 263; Happy’s "Will, 4 Bibb, 553; Payne’s Will, 4 Mon., 427; Walters v. Ratcliffe, 5 Bush, 576; Thompson v. Beadles, 14 Bush, 47; Schouler on Administrators, sec. 392.) 2. The probate of a copy instead of the original will, if it be error, is error merely, and does not go to the jurisdiction. (Steele v. Price, 5 B. M., 58; Baker v.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion op the court.
Mrs. Belle Compton died in Jefferson county in February, 1886, at the residence of one T. B. Miller. She left a last will that was admitted to probate in the Hardin County Court in the same month and year of her death. Her sole devisee was E. P. Ditto, who conveyed certain land devised to him to S. T. Hovey to pay certain debts, that of the appellants, Swan & Brown, being among the number. Thomas B. Miller, an appellant in this case, with whom the testatrix lived *38at her death, asserted a claim against her for board, caring for her in her illness,…
2Cases cited1 opinion
- Jacobs's adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1874
3Cited by10 opinions
- Kellum v. Browning's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
- Collins v. DuffCourt of Appeals of Kentucky (pre-1976) · 1955
- Davies v. LeeteCourt of Appeals of Kentucky · 1901
- Kentucky Land & Immigration Co. v. CrabtreeCourt of Appeals of Kentucky · 1902
- Johnson v. HarveyCourt of Appeals of Kentucky (pre-1976) · 1935
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