Manikee's Adm'r v. Beard
Court of Appeals of Kentucky
Case 4 — PETITION EQUITY APPEAL PROM NELSON CIRCUIT COURT. Where the husband, in contemplation of death, transfers his personal property for the purpose of depriving his wife of her distributable share, the transfer will be set aside at the instance of the widow. (Stone v. Stone, 18 Mo. (3 Bennett), 392; Tucker v. Tucker, 29 Mo. (Jones), 352; Tucker v. Tucker, 32 Mo.
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Case 4 — PETITION EQUITY APPEAL PROM NELSON CIRCUIT COURT. Where the husband, in contemplation of death, transfers his personal property for the purpose of depriving his wife of her distributable share, the transfer will be set aside at the instance of the widow. (Stone v. Stone, 18 Mo. (3 Bennett), 392; Tucker v. Tucker, 29 Mo. (Jones), 352; Tucker v. Tucker, 32 Mo. (1 Whiting), 468.) The proof in this case shows that the object of the gift to appellee was to deprive appellant of her distributable share in the property 1. As the question as to the ownership of the property in controversy was…
1Opinion of the CourtChief Justice Pryor
The appellant is the widow and administratrix of Elisha Manikee, deceased. She was his second wife and had no children. His first wife was the sister of appellant, and at her death left children. The deceased husband at his death owned considerable real estate and some personalty. He had, a few days prior to his death, some twelve or fourteen hundred dollars in money and * cash notes on persons within his county, amounting in all to near twenty-five hundred dollars; that all seems to have been found in the possession of the appellee, who was a daughter by his first wife. The appellant brought…
2Cited by13 opinions
- Arnegaard v. ArnegaardNorth Dakota Supreme Court · 1898
- Rudd v. RuddCourt of Appeals of Kentucky · 1919
- Blankenship v. HallIllinois Supreme Court · 1908
- Hatcher v. BufordSupreme Court of Arkansas · 1895
- Crawfordsville Trust Co. v. RamseyIndiana Court of Appeals · 1913
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