Biggerstaff's Ex'ors v. Biggerstaff's Adm'r
Court of Appeals of Kentucky
Case 26 — APPEAL TO CIRCUIT COURT APPEAL EROM MONROE CIRCUIT COURT. 1. As the ante-nuptial contract is not denied or attacked for fraud or want of consideration, it ought to he uphold. (Forwood v. Forwood, &c., 86 Ky., 115.) 2. As the wife bj^ that contract deprived herself of any interest in the husband’ s estate, she had no right to prosecute an appeal from the order probating the husband’s will. (Tinker v. Ringo’s Ex’or, 11 Ky.
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Case 26 — APPEAL TO CIRCUIT COURT APPEAL EROM MONROE CIRCUIT COURT. 1. As the ante-nuptial contract is not denied or attacked for fraud or want of consideration, it ought to he uphold. (Forwood v. Forwood, &c., 86 Ky., 115.) 2. As the wife bj^ that contract deprived herself of any interest in the husband’ s estate, she had no right to prosecute an appeal from the order probating the husband’s will. (Tinker v. Ringo’s Ex’or, 11 Ky. Law Rep., 120.) 3. Independent of the marriage contract the wife had no right to prosecute the appeal for the reason she can he in no way affected by the will, for…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
April 14, I860, Hiram Biggerstaff made a will devising to his wife Susannah for life all his property, and to be equally divided at her death between his children, except five hundred dollars in money given to each of two grandchildren, America and Martha T. McComas. In 1867 being then a widower he married Melinda McComas, with whom he lived until his death in 1889. March 4, 1889, the paper dated April 14, 1860, was by order of the county court admitted to record as his last will. But upon appeal by Melinda Biggerstaff, widow, and America McComas…
2Cited by6 opinions
- Davies v. LeeteCourt of Appeals of Kentucky · 1901
- Clevenger v. StewartCourt of Appeals of Kentucky (pre-1976) · 1926
- In Re MacKevich's EstateArizona Supreme Court · 1963
- Duvall v. GarrettCourt of Appeals of Kentucky · 1970
- McWhorter v. OnealSupreme Court of Georgia · 1904
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