Legal Opinion

Hill v. Harding

Court of Appeals of Kentucky

Decided October 3, 1891PublishedCited by 17 opinions

Case 16 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. 1. Two or more persons may execute a joint will which will operate the same as if executed separately by each, and will be entitled to probate upon the death of either, but will require a separate probate upon the death of the other. (Redfield on Wills, vol. 1, top page 182; Betts v. Harper, 39 Ohio, 639, 48 Am.

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Case 16 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. 1. Two or more persons may execute a joint will which will operate the same as if executed separately by each, and will be entitled to probate upon the death of either, but will require a separate probate upon the death of the other. (Redfield on Wills, vol. 1, top page 182; Betts v. Harper, 39 Ohio, 639, 48 Am. Rep. 477.) 2. An order of the County Court probating a will is valid as to all the world so long as it remains in force. (Reed v. Reed, 12 Ky. Law Rep.) 3. The conversion in whole or in part of money or property or the…

1Opinion of the Court

JUDGE PRYOR

delivered the opinion op the court.

Andrew Tate and Hugh Tate, two bachelor brothers, and both living to an advanced age, executed a joint will that was admitted to probate in the county of Henderson, where they resided at the time of their death. They owned, jointly, a large landed and personal estate valued at many thousand dollars. Hugh Tate died in the year 1872, and the joint will was probated during that year as his last will; and Andrew Tate died in the year 1875, and, shortly after, the joint instrument was also probated *79as his last will. They had a nephew, Gabriel Tate, and…

2Cases cited4 opinions

  1. Covenhoven v. ShulerNew York Court of Chancery · 1830
  2. Black v. RichardsIndiana Supreme Court · 1883
  3. Golder v. LittlejohnWisconsin Supreme Court · 1872
  4. Lilly v. Curry'sCourt of Appeals of Kentucky · 1869

3Cited by17 opinions

  1. Trustees Presbyterian Church v. MizeCourt of Appeals of Kentucky · 1918
  2. Deseumeur v. RondelNew Jersey Court of Chancery · 1909
  3. Allen v. BrombergSupreme Court of Alabama · 1909
  4. Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1932
  5. Cecil v. CecilCourt of Appeals of Kentucky · 1914

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