Lisle v. Tribble
Court of Appeals of Kentucky
Case 58 — PETITION EQUITY APPEAL PROM CLARK CIRCUIT COURT. 1. A promise for a valuable consideration to make a certain provision for another by will is sufficient to sustain an action if the promise is not complied with.
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Case 58 — PETITION EQUITY APPEAL PROM CLARK CIRCUIT COURT. 1. A promise for a valuable consideration to make a certain provision for another by will is sufficient to sustain an action if the promise is not complied with. (Myles Ex’r, &c., v. Myles, 6 Bush, 245; McGuire v. McGuire, 11 Bush, 143.) 2. "When a note is surrendered in consideration of a promise to make a certain provision in a will, which is not done, the action must be for a breach of the promise and not upon the note. Brief not in record.
1Opinion of the Court
JUDGE BEÍTNETT
delivered the opinion op the court.
It appears that A. J. Tribble, husband, of the appellee, Elizabeth T. Tribble, executed, in 1875, his promissory note to the appellee, who was then his wife, for the sum of one thousand dollars, due and payable one day after-date. In 1887 A. J. Tribble made a will by which he directed that “all his just debts be paid.” He also willed to his wife, the appellee, all his personal property absolutely, and his real estate during her life, remainder to his niece, the appellant, subject to the charge of some special legacies, amounting to about…
2Cited by8 opinions
- Dickson v. DicksonCourt of Appeals of Kentucky · 1918
- Allen, Exr. v. EtterIndiana Court of Appeals · 1931
- Buckner's Administrator v. MartinCourt of Appeals of Kentucky · 1914
- McMillan v. Massie'sCourt of Appeals of Kentucky (pre-1976) · 1929
- Farris v. FarrisCourt of Appeals of Kentucky (pre-1976) · 1937
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