Ward v. Putnam
Court of Appeals of Kentucky
Case 116 — Proceedings by Edward W. Ward and Others Against Margaret E. Putnam, &c., to Probate the Alleged Will oe Margaret E. Ward, Deceased. APPEAL FROM KENTON CIRCUIT COURT-WM. MOD. SHAW, CIRCUIT JUDGE. From the Judgment of the Circuit Court Refusing to Probate Edward W. Ward and Others Appeal. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES CITED IN SUPPORT OF EACH QUESTION. 1st. The intention of testatrix should be given effect, if possible to do so.
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Case 116 — Proceedings by Edward W. Ward and Others Against Margaret E. Putnam, &c., to Probate the Alleged Will oe Margaret E. Ward, Deceased. APPEAL FROM KENTON CIRCUIT COURT-WM. MOD. SHAW, CIRCUIT JUDGE. From the Judgment of the Circuit Court Refusing to Probate Edward W. Ward and Others Appeal. CLASSIFICATION OF QUESTIONS DISCUSSED AND AUTHORITIES CITED IN SUPPORT OF EACH QUESTION. 1st. The intention of testatrix should be given effect, if possible to do so. Price v. Hutchins, 98 Ky., 656; Crozier v. Cundall, 99 Ky., 202, 209: Upchurch v. Upchurch, 16 B. Mon., 102; Porter, etc., v. Ford,…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE HOBSON
Reversing
Margaret E. Ward requested Robert C. Simmons, as. her attorney, to prepare her will, which he did, and sent it to her. Afterwards, and before the will was signed, she requested him to write a codicil to it. This he did, and returned the paper to her. After her death the paper was offered for probate in the county court, and was admitted to probate in part. An appeal was taken from the judgment of the county court, and in the circuit court a judgment was rendered rejecting the entire paper on the ground that it was not subscribed by the…
2Cases cited7 opinions
- Sisters of Charity of St. Vincent De Paul v. KellyNew York Court of Appeals · 1876
- Potts ex rel. Wollerton v. SmithSupreme Court of Pennsylvania · 1832
- Flood v. PragoffCourt of Appeals of Kentucky · 1881
- Appeal of WinelandSupreme Court of Pennsylvania · 1888
- Soward v. SowardCourt of Appeals of Kentucky · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In re Proving the Last Will & Testament of GibsonAppellate Division of the Supreme Court of the State of New York · 1908
- Lucas v. BrownCourt of Appeals of Kentucky · 1920
- Graham v. EdwardsCourt of Appeals of Kentucky · 1915
- In re HealeyAppellate Division of the Supreme Court of the State of New York · 1923
- Fairweather v. NordCourt of Appeals of Kentucky (pre-1976) · 1965
4 more not listed; retrieve them via the Exa API.