Sharp v. Wallace
Court of Appeals of Kentucky
Case 81 — CONTESTED WILL — APPEAL PROM CHRISTIAN CIRCUIT COURT. (Brief not in record.) 1. In the absence of a motion for a new trial the court can consider' nothing except the sufficiency of the petition. (Helm v. Coffey, 80-Ky., 776; Lynch v. Stapleton, 4 Ky.
Read the full summary
Case 81 — CONTESTED WILL — APPEAL PROM CHRISTIAN CIRCUIT COURT. (Brief not in record.) 1. In the absence of a motion for a new trial the court can consider' nothing except the sufficiency of the petition. (Helm v. Coffey, 80-Ky., 776; Lynch v. Stapleton, 4 Ky. Law Kep., 986; Arstman v. Thoma (Superior Ct.), Ibid, 430.) 2. The codicil and the original will are to be considered together as one. instrument, and as this instrument is neither wholly in the handwriting of the testator nor attested by witnesses, it can not be-admitted to probate as a will. (Gen. Stats., chap. 113, sec. 5; Beall v.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
The paper in contest in this case purports to be-the will of Evelina J. Sharp, is dated January —, 1867, and subscribed by her; but though, formally stated in the attestation clause above her signature-to have been done, it never was, in fact, either subscribed or acknowledged by her in the presence of attesting witnesses, nor was it wholly written by her. It, therefore, manifestly has no independent efficacy as her will.
But it appears that subsequently she wrote on. the same sheet of paper, and subscribed what was. evidently intended by her as a…
2Cases cited1 opinion
- Davis' Heirs v. TaulCourt of Appeals of Kentucky · 1837
3Cited by13 opinions
- Hinson v. HinsonTexas Supreme Court · 1955
- Howell v. MooreCourt of Appeals of Tennessee · 1930
- Myers v. SaltryCourt of Appeals of Kentucky · 1915
- Guthrie v. Guthrie'sCourt of Appeals of Kentucky · 1916
- Farmers Bank & Trust Co. v. HardingCourt of Appeals of Kentucky (pre-1976) · 1925
8 more not listed; retrieve them via the Exa API.