McDonald's Ex'rs v. McDonald
Court of Appeals of Kentucky
Case 27. — PROCEEDINGS TO PROBATE THE WILL OP JOHN MCDONALD; TO'WHICH. JOE MCDONALD AND OTHERS PILED OBJECTIONS. Appeal from Woodford Circuit Court.
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Case 27. — PROCEEDINGS TO PROBATE THE WILL OP JOHN MCDONALD; TO'WHICH. JOE MCDONALD AND OTHERS PILED OBJECTIONS. Appeal from Woodford Circuit Court. James E, Cantrill, Circuit Judge, Prom a judgment denying probate the executors and others appeal. 1. There is not a scintilla of evidence tending to show a lack of testamentary capacity in testator, and a peremptory instruction should have been given. 2. The verdict of the jury was flagrantly against the evidence. 3. The instructions given were erroneous and misleading. CLASSIFICATION AND AUTHORITIES BY APPELLANT. “ STATEMENT. Moore v. Howe, 4…
1Opinion of the Court
Opinion by
Judge Payntee
Affirming.
This appeal results from a contest over the will of John McDonald. He left six children — three sons and three daughters — and the children of Mrs. Davis, a deceased daughter. His will provides for the distribution of his estate into seven parts. Each of his children takes one part, and the children of the deceased daughter one.part. The children were not given fee-simple titles to the interest devised to them, but only a life estate. They were given no more freedom in the use of the life estates than that afforded by law. Some of those taking life estates had…
2Cases cited2 opinions
- Wise v. FooteCourt of Appeals of Kentucky · 1883
- Woodford v. BucknerCourt of Appeals of Kentucky · 1901
3Cited by8 opinions
- Dossenbach v. Reidhar's Ex'xCourt of Appeals of Kentucky (pre-1976) · 1932
- Gay v. GayCourt of Appeals of Kentucky · 1919
- Meuth's v. MeuthCourt of Appeals of Kentucky · 1914
- Jackson's v. SemonesCourt of Appeals of Kentucky (pre-1976) · 1936
- Woodruff's v. WoodruffCourt of Appeals of Kentucky (pre-1976) · 1930
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