Cunningham v. Cunningham's Exor.

Opinion op the Court by

Chiep Justice Barker

Reversing.

The question involved in this case is, whether a wife who, upon the joint petition of' herself and husband, has been empowered to act as a feme sole under the statute prior to the passage of the Weissinger Act in 1894, was authorized to make a will bequeathing all her property to the exclusion of her husband.

The very question we have here arose in the case of Smoot v. Heyser’s Exor, et al., 113 Ky. 81. It was there held that the wife who had been empowered to trade as a feme sole prior to the Weissinger Act could, neither under the judgment…