Legal Opinion

Smith v. Smith

Court of Appeals of Kentucky

Decided February 23, 1905PublishedCited by 11 opinions

Case 117 — Action by T. J. Smith and Others Against Elise Smith and Others, for a Construction of the Will of T. J. Smith, Deceased. APPEAL FROM MADISON CIRCUIT COURT — J. M. BENTON, CIRCUIT JUDGE. Judgment for Defendants.

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Case 117 — Action by T. J. Smith and Others Against Elise Smith and Others, for a Construction of the Will of T. J. Smith, Deceased. APPEAL FROM MADISON CIRCUIT COURT — J. M. BENTON, CIRCUIT JUDGE. Judgment for Defendants. Plaintiffs Appeal. 1. We respectfully suggest that a practical business man, as testator is shown to have been, would never for a moment have meant that bank stock should be tied up to use only during two lives and then belong to grandchildren, unborn, and who may not be born for thirty-five or forty years after his death, and who could not come into possession of it until…

1Opinion of the Court

Opinion of the court bt

JUDGE SETTLE

Affirming.

This action was instituted by the appellants, T. J. Smith, Fanny Smith, his mother, and Elise Bennett Smith, his wife, against the appellees, Jesse Cobb, Elise Smith, and T. J. Smith, Jr., the two last being the infant children of T. J. Smith and Elise Bennett Smith, and represented by a guardian ad litem,' upon whom summons was served for *901them. The object of the action is to obtain a construction of certain clauses of the will of T. J. Smith, Sr., deceased, who was the father of the appellant T. J. Smith, and the husband of the appellant Fanny…

2Cases cited5 opinions

  1. Frank v. UnzCourt of Appeals of Kentucky · 1891
  2. Koenig v. KraftCourt of Appeals of Kentucky · 1888
  3. Carr v. EstillCourt of Appeals of Kentucky · 1855
  4. Mefford v. DoughertyCourt of Appeals of Kentucky · 1889
  5. Weaver v. Weaver's Ex'rsCourt of Appeals of Kentucky · 1892

3Cited by11 opinions

  1. Hall v. WrightCourt of Appeals of Kentucky · 1905
  2. Denney v. CrabtreeCourt of Appeals of Kentucky · 1922
  3. Naville ex rel. Page v. American Machine Co.Court of Appeals of Kentucky · 1911
  4. Frey v. ClarkCourt of Appeals of Kentucky · 1917
  5. Walden v. SmithCourt of Appeals of Kentucky · 1918

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