Cooke v. Fidelity Trust & Safety Vault Co.
Court of Appeals of Kentucky
Case 62—EQUITY— ATPBAT. FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Upon TnE appeal oe Mrs. Cooke against the Fidelity Trust & Saeety Vault Co., executor oe George E. Cooke, deceased. 1. The devise made by Dr. Cooke to his wife did not operate as a satisfaction of the debt which he owed her. 13 Am. & Eng. Enc. of Law, 82; 1 Pom. Eq.
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Case 62—EQUITY— ATPBAT. FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Upon TnE appeal oe Mrs. Cooke against the Fidelity Trust & Saeety Vault Co., executor oe George E. Cooke, deceased. 1. The devise made by Dr. Cooke to his wife did not operate as a satisfaction of the debt which he owed her. 13 Am. & Eng. Enc. of Law, 82; 1 Pom. Eq. Jur., 3d edition, secs. 527, 528, 532,’ 533, 537 and 539; 2 Roper on Legacies, sec. 1044; Lisle v. Tribble, 92 Ky., 304; Cloud v. Clinkenbeard, 8 B. M., 397; Crostwaight v. Hutchinson, 2 Bibb., 407-410; Faris v. Dunn, 7 Bush, 276; Boughton v. Flint, 74 N. Y.,…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the cotjbt.
Dr. George E. Cooke died a citizen and resident of Louisville in December, 1893. He left a large estate, which he disposed of by last will and testament, which was probated and admitted to record, and by the terms of the will he appointed the Fidelity Trust and Safety Vault Company executor thereof. By the third paragraph of his will he devised to his wife certain real estate in the city of Louisville (which was specifically described in the will) for life, and also one-third of his personal estate left after paying his debts. He also states in…
2Cases cited6 opinions
- Creutz v. HeilCourt of Appeals of Kentucky · 1890
- Huhlein v. HuhleinCourt of Appeals of Kentucky · 1888
- Walker v. Smyser's ex'rsCourt of Appeals of Kentucky · 1882
- McQuerry v. GillilandCourt of Appeals of Kentucky · 1890
- Townes v. DurbinCourt of Appeals of Kentucky · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cochran's Adm'x v. CochranCourt of Appeals of Kentucky (pre-1976) · 1938
- Patmore v. MacKecknieCalifornia Court of Appeal · 1956
- Hannah v. HannahKentucky Supreme Court · 1992