Legal Opinion

Reynold's Ex'r v. Boyd

Court of Appeals of Kentucky

Decided November 14, 1891PublishedCited by 3 opinions

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Case 47 — PETITION ORDINARY APPEAL PROM MASON CIRCUIT COURT. No brief in record. The testator’s will does not vest in his executors such a title to his realty as entitles them to maintain ejectment. (Warfield v. English 11 Ky. Law Rep., 265; Ware v. Murph., 33 Am. Dec., 97; Nodine v. Greenfield, 34 Am. Dec., 363; Thomson v. Gaillard, 45 Am. Dec., 778; Going v. Emery, 26 Am. Dec., 645; Lockwood v. Stradley, 12 Am. Dec., 97; Dabney v. Manning, 3 Ohio, 321; Williams v. Veach, 17 Ohio, 171; 4 Kent’s Com., 320; 1 Sugden on Powers, 181; Jameson v. Smith, 4 Bibb, 307; Prewitt v. Durham, 5 Mon., 17;…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OP THE COURT.

After making to his children and grandchildren specific and general devises in money, Isaac Reynolds, by his *250will, provided as follows: “ All my personal and real estate are to be sold and the proceeds are to be distributed as named in this my will. * * * I do appoint my grandsons, Thomas L. Best and Charley Hook, my executors, to carry into effect this my last will.” By a codicil the appointment of Thomas L. Best was revoked and George Doniphan was appointed one of the executors in his place.

This action was brought by the two executors, now…

2Cases cited2 opinions

Saunders' Heirs v. Saunders' ExecutorsCourt of Appeals of Kentucky · 1822
Jennings v. Monks'Court of Appeals of Kentucky · 1862

3Cited by3 opinions

Snodgrass v. SnodgrassSupreme Court of Oklahoma · 1924
Payne v. EdwardsCourt of Appeals of Kentucky · 1920
Roberts v. MenifeeCourt of Appeals of Kentucky · 1912