Legal Opinion

McClelland's Exr. v. McClelland

Court of Appeals of Kentucky

Decided March 5, 1909PublishedCited by 21 opinions

Appeal from Fayette Circuit Court. Watts Parker, Circuit Judge. Judgment for plaintiffs, defendants appeal

1Opinion of the Court

Opinion of the Court by

Judge Nunn

Reversing.

The question involved on this appeal is the eon-*286st ruction of Byron, McClelland’s will, which is as follows:

“I, Byron McClelland, of Lexington, Kentucky, wishing to revoke all former wills and testaments, being of sound mind, uninfluenced by any other desire than to dispose of my property as to me seems best, do declare this to be my last will and testament. I wish my just debts to be promptly paid. • I bequeath to my brother Wallace McClelland or his children, if he be dead (excepting Prances), ($5,000) five thousand dollars. I also bequeath to my…

2Cases cited8 opinions

  1. Smith T. v. BellSupreme Court of the United States · 1832
  2. Anderson v. Hall's adm'rCourt of Appeals of Kentucky · 1882
  3. Clay v. ChenaultCourt of Appeals of Kentucky · 1900
  4. Harbison v. JamesSupreme Court of Missouri · 1886
  5. Coats' Ex'r v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1891

3 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Wintuska v. PeartCourt of Appeals of Kentucky (pre-1976) · 1931
  2. Lindenberger v. CornellCourt of Appeals of Kentucky · 1921
  3. Mosgrove v. MacHSupreme Court of Florida · 1938
  4. Watkins v. BennettCourt of Appeals of Kentucky · 1916
  5. Buschemeyer v. KleinCourt of Appeals of Kentucky · 1910

16 more not listed; retrieve them via the Exa API.

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