Pryor v. Mizner
Court of Appeals of Kentucky
Case 41 — ORDINARY APPEAL from jessamine circuit court. Appellant, who is appointed executor of the decedent’s will, clearly has the right of appeal from the county court of Jessamine county, which rejected the paper. This right has frequently been asserted in this court.
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Case 41 — ORDINARY APPEAL from jessamine circuit court. Appellant, who is appointed executor of the decedent’s will, clearly has the right of appeal from the county court of Jessamine county, which rejected the paper. This right has frequently been asserted in this court. (Payne’s Will, 4 Mon., 424; Thompson v. Blackwell, 17 B. Mon., 610; McDonald’s Will, 2 J. J. Mar., 332; Wells’ Will, 5 Litt., 273; 4 Mon., 153; Tibbatts v. Berry, 10 B. Mon., 473; Redfield on Wills, 3d vol., 77; lb., 123; Gilbert v. Bartlett, 9 Bush, 52; 33 Ind., 339.) There can be no question that appellant had the right to…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion of the court.
This is an appeal from an order of the circuit court dismissing an appeal taken by one nominated as executor by the will of John Mizner from an order of the Jessamine county court, rejecting that paper as his last will.
It is urged in argument here that one named as executor has no such interest as enables him to prosecute an appeal from such an order. By the rule of the common law, the person named as executor derived his powers to act as such from the appointment by the devisor; but now the right to discharge the duties of an executor is derived…
2Cases cited4 opinions
- Case of Wells' WillCourt of Appeals of Kentucky · 1824
- Gilbert v. BartlettCourt of Appeals of Kentucky · 1872
- Jones v. JonesCourt of Appeals of Kentucky · 1860
- Tibbatts v. BerryCourt of Appeals of Kentucky · 1850
3Cited by15 opinions
- Lisle v. CouchmanCourt of Appeals of Kentucky · 1912
- Williams' Ex'r v. WilliamsCourt of Appeals of Kentucky · 1890
- Fidelity & Columbia Trust Co. v. HarkleroadCourt of Appeals of Kentucky (pre-1976) · 1928
- Gibson v. CrawfordCourt of Appeals of Kentucky (pre-1976) · 1935
- Allison v. Cocke'sCourt of Appeals of Kentucky · 1899
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