Smoot v. Heyser's Exr.
Court of Appeals of Kentucky
Case 11 — Action by the Executor óf the Will of Mbs. Fannie Heyser and fob Direction as to Plaintiff’s Duties Thereunder. APPEAL FROM GRAYSON CIRCUIT COURT. Judgment Distributing Estate of Testatrix and Defendants Smoot Appeal.
Read the full summary
Case 11 — Action by the Executor óf the Will of Mbs. Fannie Heyser and fob Direction as to Plaintiff’s Duties Thereunder. APPEAL FROM GRAYSON CIRCUIT COURT. Judgment Distributing Estate of Testatrix and Defendants Smoot Appeal. The question in this case is, can a married woman make a will and bequeath nothing to her husband? The testator, Mrs. Fannie Heyser, in the year 1891 was made a feme sole by judgment of the Grayson circuit court and authorized to dispose of her property by will, the same as if unmarried. She made a will under this power and gave her husband nothing. Later she destroyed…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE GUFFY
Affirminc.
Tliomas Heyser and his wife, Fannie, were married’in Grayson county in the year 1874, and lived together as husband and wife in Leitchfield, Kv., from the date of their marriage until the date of her death, June 16, 1898. She died childless. She attempted to dispose of her estate, all of which was personal, by will dated February 21, 1896, which will was probated on June 27, 1S98. She made a few specific bequests, and devised the residue of her estate to her brothers, appellants herein,'and appellee J. C. Graham *84was appointed and qualified…
2Cases cited1 opinion
- Cummings' & v. DanielCourt of Appeals of Kentucky · 1840
3Cited by15 opinions
- Harding's Admr. v. Harding's Exr.Court of Appeals of Kentucky · 1910
- Smith v. SmithCourt of Appeals of Kentucky · 1918
- Lee v. BelknapCourt of Appeals of Kentucky · 1915
- Bains v. Globe Bank & Trust Co.Court of Appeals of Kentucky · 1910
- Bottom v. FultzCourt of Appeals of Kentucky · 1907
10 more not listed; retrieve them via the Exa API.