Allen v. Froman
Court of Appeals of Kentucky
Case 48 — PROBATE OP WILL — APPEAL EROM BOURBON CIRCUIT COURT. 1. Appellee having failed to institute proceedings to probate the will in question for twenty-two years .after the death of the testator, the claim is barred by his laches and by the statute of limitations.
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Case 48 — PROBATE OP WILL — APPEAL EROM BOURBON CIRCUIT COURT. 1. Appellee having failed to institute proceedings to probate the will in question for twenty-two years .after the death of the testator, the claim is barred by his laches and by the statute of limitations. (General Statutes, see. 2, art. 2, chap. 39; Idem, sec. 9, art. 3, chap. 71; Idem, sec. 2, art. 4, chap. 71; Idem, sec. 27, chap. 21; United States v. Thompson, 98 U. S., 486; Hargis, &c., v. Sewell’s Adm’r, 87 Ky., 67; Woods v. .Tames, &c.. 87 Ky, 518; Pomeroy’s Remedies and Remedial Rights, 2d ed., p. 82; Anderson’s…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPIMTOU OE THE COURT.
The controversy in this case is about probating what is alleged to be the will of George Coil, who died in the State of Alabama — place of his domicile — May, 1868. The original paper was not produced, but what purports to be, and-the evidence satisfactorily shows *315is, a substantial copy, was, in lieu of it, on October 14, 1890, filed in the Bourbon County Court, and motion made to admit it to record as true last will of said Coil. But the county court overruled that motion, and refused to permit the paper recorded as such will. Whereupon, Elijah…
2Cases cited1 opinion
- Hoffert v. MillerCourt of Appeals of Kentucky · 1888
3Cited by19 opinions
- Allen v. Lovell's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1946
- Rogers v. Biggstaff'sCourt of Appeals of Kentucky · 1917
- Wright v. GardnerCourt of Appeals of Kentucky · 1895
- Forbach v. SteinfeldArizona Supreme Court · 1928
- Stearns Coal & Lumber Co. v. Van WinkleCourt of Appeals for the Sixth Circuit · 1915
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