Legal Opinion
Lynn v. Hall
Court of Appeals of Kentucky
Decided October 9, 1897PublishedCited by 9 opinions
Case 104 — Petition Equity 1. Under the provisions of section 4840 of the Kentucky Statutes, if a will is made when a testator has a child living, and a child is horn afterwards, such after-horn child or any descendant of his as shall not be provided for nor expressly excluded by the will, shall succeed to such portion of the estate as if the person had died intestate.
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
On the 9tb of July, 1866, James Lynn made Ms will. On tbe 14th of August, 1868, it was probated in the Pulaski County Court. The clause in his will disposing of his estate is as follows.:
*739“I give to my daughter-in-law, Polly Jane Lynn, and her children, wife of my son, Joseph Lynn, my tract of land on Cliffy creek, Pulaski county, Kentucky, containing one hundred acres, sold and deeded to me by John Lay, the same on which I now live, in consideration of the love and affection I have for her and in consideration of her kindness to me heretofore. I…
2Cases cited1 opinion
- Williams v. DuncanCourt of Appeals of Kentucky · 1891
3Cited by9 opinions
- Patterson's v. DeanCourt of Appeals of Kentucky (pre-1976) · 1931
- Lamar v. CrosbyCourt of Appeals of Kentucky · 1915
- Barker v. BarkerCourt of Appeals of Kentucky · 1911
- Tuttle v. SteeleCourt of Appeals of Kentucky (pre-1976) · 1939
- Laughlin v. ElliottCourt of Appeals of Kentucky · 1924
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