Moore v. Scott

MILLER, Judge.

This appeal is from a summary judgment entered in the Floyd Circuit Court. Kentucky Rules of Civil Procedure (CR) 56.

Appellee, Hawley Scott, and his first wife, Effie Scott, acquired title as tenants in common to certain real property situated in Floyd County, Kentucky. Effie died intestate in December 1944, being survived by Hawley and their children. Title to Effie’s share of the jointly-held.property vested in her children, subject to Hawley’s curtesy interest. Hawley remarried and fathered children by his second wife, Ruby. Hawley and Ruby acquired certain tracts of real…