Spalding v. St. Joseph's Industrial School
Court of Appeals of Kentucky
Case 66 — CONSTRUCTION OF DEVISE APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. On devises for charitable purposes: Gallego v. The Attorney-General, 3 Leigh., 450; Act 9th. 'George II, ch. 36; Moore v. Moore, 4 Dana, 365; Gas & Bonta v. Wilhite, 2 Dana, 177; Statute 43d of Elizabeth; 2 Perry on Trusts, sec. 748 and note 1; Curling v. Curling, 8 Dana, 38; Attorney-General v. Wallace, 7 B. Mon., 611; Maurice v. Bishop of Durham, 9 Yes., 399; Cromie’s -hrs. v.…
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Case 66 — CONSTRUCTION OF DEVISE APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. On devises for charitable purposes: Gallego v. The Attorney-General, 3 Leigh., 450; Act 9th. 'George II, ch. 36; Moore v. Moore, 4 Dana, 365; Gas & Bonta v. Wilhite, 2 Dana, 177; Statute 43d of Elizabeth; 2 Perry on Trusts, sec. 748 and note 1; Curling v. Curling, 8 Dana, 38; Attorney-General v. Wallace, 7 B. Mon., 611; Maurice v. Bishop of Durham, 9 Yes., 399; Cromie’s -hrs. v. Louisville Orphans’ Home Society, 3 Bush, 374; Leeds v. Shaw, 82 Ky., 79; Beckman v. Bonson, 23 N. Y., 298; Kinney v.…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion of the court.
In February, 1868, B. J. Spalding, a priest of the Roman Catholic Church, made Ms will, the validity of which is in question on this appeal. In August of the same year he died, domiciled in Jefferson county, and in the same month his will was admitted to probate. It is as follows:
“In the name of the Father, Son and Holy Ghost, Amen. I, B. J. Spalding, mindful of the uncertainty of life, do make and establish this, my last will and testament. I bequeath to my brother, the Most Rev. M. J. Spalding, Archbishop of Baltimore, all my real, personal…
2Cases cited18 opinions
- VIDAL v. Girard's ExecutorsSupreme Court of the United States · 1844
- Tilden v. . GreenNew York Court of Appeals · 1891
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Gass v. WilhiteCourt of Appeals of Kentucky · 1834
- Attorney General v. Wallace's DeviseesCourt of Appeals of Kentucky · 1847
13 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Coleman, &c. v. O'Leary's Exr.Court of Appeals of Kentucky · 1902
- City of Paducah v. GillispieCourt of Appeals of Kentucky (pre-1976) · 1938
- Russell v. TylerCourt of Appeals of Kentucky (pre-1976) · 1928
- Gooding v. Watson's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1930
- Ross' Estate v. AbramsCourt of Appeals of Texas · 1922
28 more not listed; retrieve them via the Exa API.