Bowles v. Winchester
Court of Appeals of Kentucky
Case 1 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. Prima facie, every gift of personal property or money by the ancestor is chargeable as an advancement. If this presumption is denied the burden is on the donee to show that it was given “ without any view to a portion or settlement in life.
Read the full summary
Case 1 — PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. Prima facie, every gift of personal property or money by the ancestor is chargeable as an advancement. If this presumption is denied the burden is on the donee to show that it was given “ without any view to a portion or settlement in life. (General Statutes, sec. 15, chap. 31.) The statute has materially altered the pre-existing law, under which the intention of the testator, whatever the purpose of the gift, was conclusive. The intention of the testator under the present law is not material, except for determining the purpose…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion or the court.
Joshua B. Bowles died in the county of Jefferson on the 3d day of July, in the year 1873, the owner of a large and valuable estate estimated at about $400,000. His property consisted principally of real estate situated in the county of Jefferson, in the city of Louisville. He left surviving him the following children and grandchildren, his heirs and devisees, viz.: 1. James Bowles, an only son; 2. Margaretta Bowles, an only daughter; 3. Frank Barbour, Thomas J. Barbour, Medora Winchester, and Mary B. Bell, grandchildren, they being the children of…
2Cases cited4 opinions
- Barber v. Taylor's HeirsCourt of Appeals of Kentucky · 1839
- Clarkson v. ClarksonCourt of Appeals of Kentucky · 1871
- Stevenson v. MartinCourt of Appeals of Kentucky · 1875
- Shawhan v. Shawhan's administratorCourt of Appeals of Kentucky · 1874
3Cited by19 opinions
- Crain v. MalloneCourt of Appeals of Kentucky · 1908
- Ensley v. EnsleyTennessee Supreme Court · 1900
- Penick v. LewisCourt of Appeals of Kentucky · 1922
- McCray v. CornCourt of Appeals of Kentucky · 1916
- Thompson v. LatimerCourt of Appeals of Kentucky (pre-1976) · 1925
14 more not listed; retrieve them via the Exa API.