Legal Opinion

Sanders v. Babbitt

Court of Appeals of Kentucky

Decided May 20, 1899PublishedCited by 3 opinions

Case 79 — WILL CASE — APPEAL EEOM BULLITT CIRCUIT COURT. The will of G. N. Sanders was not revoked because the intention to. revoke was lacking. Ky. Stats., ch. Wills; Neville Beauchamp’s Will, 4 Mon., 363; Williams on Executors, p. 66, and authorities cited; Kent’s Com., vol. 4, 629 (Comstock’s ed.). And the intention to revoke is a question of fact. 5 Bush, 337; Tudor v. Tudor, 17 B. M., 389. 1. The will of Sanders was revoked and was never revived. Ky.

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Case 79 — WILL CASE — APPEAL EEOM BULLITT CIRCUIT COURT. The will of G. N. Sanders was not revoked because the intention to. revoke was lacking. Ky. Stats., ch. Wills; Neville Beauchamp’s Will, 4 Mon., 363; Williams on Executors, p. 66, and authorities cited; Kent’s Com., vol. 4, 629 (Comstock’s ed.). And the intention to revoke is a question of fact. 5 Bush, 337; Tudor v. Tudor, 17 B. M., 389. 1. The will of Sanders was revoked and was never revived. Ky. Stats., sec. 4833; 5 Bush, 337; Tinker v. Ringo’s Exr., 11' Ky. Law Rep., 120-1. 2. It would be unfair to the appellees that the costs of…

1Opinion of the Court

JUDGE BURNAM

delivered the opinion of the court.

This is an appeal from a judgment of the Bullitt Circuit Court refusing to probate a certain paper as the last will of G. N. Sanders.

The facts in reference to the execution of the paper are as follows: In December, 1892, decedent, G. N. Sanders, had one of his neighbors, Mr. Gilmore, write his will at his dictation,- which Sanders subsequently signed in the presence of S. D. Brooks and Wilson Summers, who attested same at his instance and request; and this will was delivered by Sanders to Summers, to be kept until his (Sanders’) death. Some two…

2Cases cited3 opinions

  1. Semmes v. SemmesCourt of Appeals of Maryland · 1826
  2. Youse v. FormanCourt of Appeals of Kentucky · 1869
  3. Seip v. HozeySupreme Court of Louisiana · 1842

3Cited by3 opinions

  1. Carpenter v. WynnCourt of Appeals of Kentucky (pre-1976) · 1934
  2. In Re Estate of CablerSupreme Court of Oklahoma · 1927
  3. BD. OF TRUSTEES OF U. OF ALA. v. CalhounSupreme Court of Alabama · 1987

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