Legal Opinion

Nicholas v. Ex'rs of Nicholas

Court of Appeals of Kentucky

Decided June 2, 1804PublishedCited by 2 opinions

Upon an appeal from a decree of the General Gourt.

1Opinion of the Court

This court accords with the general court in the opinion that' the complainant’s injunction should be dissolved, and, therefore, so far affirms the decree of the said court. But this court is of opinion that the general court erred in giving the complainant day to make her election, because the act of assembly limiting the time of election is express and positive, that if the widow does not make her election within the limited time, she 11 shall have no more of her husband’s slaves and personal estate than is given her by his will.” That part of the decree then having become a nullity, by the…

2Cited by2 opinions

  1. Carrigan v. LeatherwoodTennessee Supreme Court · 1878
  2. Flickey v. LoneyTennessee Supreme Court · 1874

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