Farra v. Adams
Court of Appeals of Kentucky
Case 8 — PETITION EQUITY APPEAL KROM GARRARD CIRCUIT COURT. 1. The creditors of the testator had a, prior lien on the land devised to his two sons. 2. The pecuniary devise to the daughter required to be paid by the two sons was a charge on the land devised to them. (4 Kent, 540; Phillips’s ex’rs v. Stites, 2 Duvall, 313.) This rule applies when the executor is the devisee.
Read the full summary
Case 8 — PETITION EQUITY APPEAL KROM GARRARD CIRCUIT COURT. 1. The creditors of the testator had a, prior lien on the land devised to his two sons. 2. The pecuniary devise to the daughter required to be paid by the two sons was a charge on the land devised to them. (4 Kent, 540; Phillips’s ex’rs v. Stites, 2 Duvall, 313.) This rule applies when the executor is the devisee. (2 Jarman on Wills, 525-6.) 3. The decedent’s debts must be paid out of the whole estate, and the surplus distributed ratably. 4. A married woman can not make an executory contract either for the purchase or sale of land…
1Opinion of the CourtChief Justice Lindsay
Feathergail Adams died in Garrard County in Í869 seized of two hundred and twenty-seven acres of land. He left three children and heirs-at-law, James W. Adams, John "W. Adams, and Sallie Farra. His personal estate, which amounted to but a few hundred dollars in value, seems to have been appropriated by his two sons. They also took possession of, and for several years, with the apparent consent of their sister, controlled and used the real estate.
In December, 1871, John W. Adams sold one half of this realty to his brother, James. He also sold him one half of a tract of one hundred and…
2Cited by5 opinions
- Cherry Bros. v. Tennessee Central Railway Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Dixon v. Helena Society of Free Methodist ChurchSupreme Court of Oklahoma · 1917
- Hinton v. HintonCourt of Appeals of Kentucky · 1915
- Howard v. ReynoldsCourt of Appeals of Kentucky · 1953
- Medley v. McElroyCourt of Appeals of Kentucky · 1885