Williams v. Jones
Court of Appeals of Kentucky
Case 48 — PETITION ORDINARY APPEAL • FROM TRIGG CIRCUIT COURT. 1. A foreign will to pass real estate in this state must be executed and authenticated so as to meet the requirements of the laws of this state.
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Case 48 — PETITION ORDINARY APPEAL • FROM TRIGG CIRCUIT COURT. 1. A foreign will to pass real estate in this state must be executed and authenticated so as to meet the requirements of the laws of this state. (Robertson v. Barbour, 6 Mon. 523; Sec. 36, chap. 106, Rev. Stat.; Cornelison v. Browning, 10 B. Mon. 425.) 2. The Tennessee record was not authenticated in conformity to the laws of congress or of this state, and was not properly admitted to record in this state (Helm’s ex’r v. Rookesbury, 1 Met. 49; Rev. Stat., sec. 31, chap. 106, and sec. 18, chap. 35); and therefore was not competent…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
Jethro Bass, having made and published a last will and testament, died in Stewart County, Tennessee, the place of his residence, prior to September 2, 1850, on which day his will was produced before the county court of that state, and proved and admitted to record, and ~W. C. Jones and Norflett Bass, nominated executors, qualified as such.
The testator directed certain lands owned by him, situ*420ated in Trigg County in this state, to be sold by his executors.
January 10, 1853, a copy of the will, accompanied by a transcript of the proceedings of the…
2Cited by6 opinions
- Taylor v. CommonwealthKentucky Supreme Court · 2005
- Rutledge v. WiggingtonCourt of Appeals of Kentucky · 1915
- Northcutt v. PattersonCourt of Appeals of Kentucky (pre-1976) · 1930
- Grausz v. ConleyCourt of Appeals of Kentucky (pre-1976) · 1934
- Second National Bank of Ashland v. ThomsonCourt of Appeals of Kentucky · 1970
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