Thompson v. Thompson
Court of Appeals of Kentucky
CASE 96 — ACTION BY ELLA THOMPSON AGAINST H. S. THOMPSON AND OTHERS TO CONTEST A WILL. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). Prom the judgment plaintiff appeals. — POINTS AND AUTHORITIES. 1. The Statute of Kentucky does not restrict the right of appeal from the probate of a will, but is a general, statute, which is construed to apply to those having an interest. Ky.
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CASE 96 — ACTION BY ELLA THOMPSON AGAINST H. S. THOMPSON AND OTHERS TO CONTEST A WILL. Appeal from Jefferson Circuit Court (Common Pleas Branch, First Division). Prom the judgment plaintiff appeals. — POINTS AND AUTHORITIES. 1. The Statute of Kentucky does not restrict the right of appeal from the probate of a will, but is a general, statute, which is construed to apply to those having an interest. Ky. Statutes, Section 1404; Pryor v. Mizner, 79 Ky. 232; Phillips v. Phillips’ Adm’r, 81 Ky. 330. ' 2. The opinion in the case of Mercer v. Smith, 107-Ky. Decisions, page 1196, related to the case…
1Opinion of the Court
Opinion of the Court by
Judge Lassing
— Affirming.. This is an appeal from a judgment of the Jefferson Circuit Court denying to Ella Thompson, widow of Joseph IT. Thompson, the right to prosecute an appeal from the order of the Jefferson County Court admitting his will to probate. He died in 1905, and a few days thereafter a paper, purporting to be his last will and testament, was admitted to probate. Within less than a week thereafter appellant, Ella Thompson, his widow, appeared in the county court and in due form and according to law renounced the provisions made for her in said will and…
2Cases cited2 opinions
- Watson v. ChristianCourt of Appeals of Kentucky · 1877
- Canepa v. Mississippi River & Bonne Terre Railway Co.Supreme Court of Missouri · 1908
3Cited by3 opinions
- Robertson v. RobertsonSupreme Court of Arkansas · 1920
- Smith v. RidnerCourt of Appeals of Kentucky (pre-1976) · 1943
- Hopkins v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1934