Lyne v. Cleveland's adm'r
Court of Appeals of Kentucky
CASE 25 — PETITION EQUITY APPEAL FROM WOODFORD CIRCUIT COURT. CITED— 2 Hawks, 613; Turner vs. Whitled, cited in U. S. Equity Digest, 377, sec. 640. 2 Williams on Executors, 881-882. 5 Ves., 522 ; Montgomerie vs. Woodley. Ambler, 448; Shepherd vs. Ingram. 2 P. Wms., 419; Nichols vs. Osborn. 1 Brown's Ghy. Rep., 81; Chaworth vs. Hooper. 1 P. Wms., 504; Taylor vs. Johnson.
1Opinion of the Court
JUDGE ROBERTSON
delivered the opinion of the court:
John Cleveland made the following testamentary disposition of his estate by his will, published in November, 1852, and proved and recorded in May, 1853, in the county court of Woodford, in which he lived and died: Giving to his surviving wife a female slave and her increase, and declaring that, with that exception, his property should go as it would pass by law if he had died intestate, he made the following ulterior and contingent provision— *81then having only one child, Emma Jane, but contemplating the possibility of another or more — “ Should…
2Cited by4 opinions
- Major v. HerndonCourt of Appeals of Kentucky · 1879
- Cleveland's adm'r v. LyneCourt of Appeals of Kentucky · 1869
- Cushenberry v. NeelyCourt of Appeals of Kentucky (pre-1976) · 1926
- Lynn v. KenedyCourt of Appeals of Kentucky · 1885