Sarah Miles' Will
Court of Appeals of Kentucky
From the Shelby County Court. The will,S' quec. tion upon the manner of its ex ecptipn. A will which would not pass Is ndwUl not pass slaves.—Act of 1800.S.L.154& If testator writes his name in the body of the will, or elsewhere upon the paper, intending that as his signature— not intending to sign at the foot, it is, it seems, a sufficient signing within the statute.
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From the Shelby County Court. The will,S' quec. tion upon the manner of its ex ecptipn. A will which would not pass Is ndwUl not pass slaves.—Act of 1800.S.L.154& If testator writes his name in the body of the will, or elsewhere upon the paper, intending that as his signature— not intending to sign at the foot, it is, it seems, a sufficient signing within the statute. The signing—at the foot, or in any other part of the will—may be done with the testator’s own hand, or by another. The rule is the same in land contracts. A paper which a decedent intended to authenticate as his will, by his…
1Opinion of the CourtChief Justice Robertson
This appeal is brought to reverse an order, by the County Court of Shelby, admitting to record a piper purporting to be the last will of Sarah Miles, making testamentary disposition of slaves and chattels. And the only'question presented in this Court is, whether—the name of the testatrix not having been subscribed, but appearing only in the body of the testament—proof by the two •subscribing witnesses, that she acknowledged it, in their presence, as her last will, after hearing it read, is sufficient for passing the slaves.
It is settled that, since the statute of 1800 (Stal. Law 1546 ) no…
2Cited by14 opinions
- Adams v. FieldSupreme Court of Vermont · 1849
- Terrell v. CommonwealthCourt of Appeals of Kentucky · 1922
- Swift v. WileyCourt of Appeals of Kentucky · 1840
- Walton v. KendrickSupreme Court of Missouri · 1894
- Lucas v. BrownCourt of Appeals of Kentucky · 1920
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