Flood v. Pragoff
Court of Appeals of Kentucky
Case 126 — ORDINARY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. A subscription means a writing and a signature at its end.
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Case 126 — ORDINARY APPEAL PROM LOUISVILLE CHANCERY COURT. 1. A subscription means a writing and a signature at its end. Both must he-proved to comply with the statutory term “ subscription.” 2. The paper in contest being a codicil purporting to affect other wills, its date was of the essence of the paper. 3. It was error to admit Pragoff to testify against infants. 4. The proof offered by the propounders was insufficient to authorize the probate. 5. Instruction “0” should not have been given. It is in contradiction of the instruction number three given on appellant’s motion. (Gen. Stat.,…
1Opinion of the Court
JUDGE HINES
delivered the opinion of the court.
Richard J. Usher, in 1873, executed a will, dividing his property between the parties to this action, none of whom are related to him, and in 1877 executed a codicil revoking all devises to appellants, and died within about two years thereafter. The will was admitted to probate without objection, but the probate of the codicil was opposed by appellants on the ground of incapacity and undue influence, and from a verdict and judgment against them they appeal.
The codicil reads as follows;
“I, Richard J. Usher, of Louisville, Ky., do make this my…
2Cases cited3 opinions
- Milton v. HunterCourt of Appeals of Kentucky · 1877
- Hardin's adm'r v. TaylorCourt of Appeals of Kentucky · 1880
- Stokes's Ex'r v. ShippenCourt of Appeals of Kentucky · 1877
3Cited by34 opinions
- Martin v. McAdamsTexas Supreme Court · 1894
- Miller v. LivingstoneUtah Supreme Court · 1906
- Allen v. GriffinWisconsin Supreme Court · 1887
- Wood v. WoodWyoming Supreme Court · 1917
- Phillips' ex'r v. Phillips' adm'rCourt of Appeals of Kentucky · 1883
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