Legal Opinion

Smith v. Payne

Court of Appeals of Kentucky

Decided October 5, 1866PublishedCited by 2 opinions

CASE 15 — PETITION EQUITY APPEAL PROM BARREN CIRCUIT COURT. CITED— 3 Littell, 415; Dillard vs. Robinson. 12 B. M., 121; Hughes vs. Hughes. CITED— 2 Sugden on Powers, 4 — 5-6, 154 — 5-6. I Ves., 174; Cunningham vs. Moody. 4 Tenn. Rep., 39; Doe vs. Martin.

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CASE 15 — PETITION EQUITY APPEAL PROM BARREN CIRCUIT COURT. CITED— 3 Littell, 415; Dillard vs. Robinson. 12 B. M., 121; Hughes vs. Hughes. CITED— 2 Sugden on Powers, 4 — 5-6, 154 — 5-6. I Ves., 174; Cunningham vs. Moody. 4 Tenn. Rep., 39; Doe vs. Martin. II B. M., 89; Arnold’s ex’rs, Sfc., vs. Arnold’s ad’r. 12 B. M., 629; Grigsby, fyc., vs. Breckinridge, Sfc. 1 Met., 514; Wood’s ad’r vs. Wood’s dev. 2 Jarman on Wills, 632. 4 Littell, 346; Ewing’s heirs vs. Ewing’s ex’r. 5 Littell, 258 ; Merriwether vs. Booker and wife. Littell’s Select Cases, 331; Pinkard vs. Smith and wife. 7 Mon., 246 ;…

1Opinion of the CourtChief Justice Peters’

James Robinson, by his last will and testament, which was admitted to record by the county court of Albemarle county, Virginia, in March, 1820, made the following disposition of his property:

“ I give the whole of my estate, both real and personal, to my wife, Sally Robinson, to be possessed and disposed of by her, for her own use and the use of our children, during her natural life. And further, I hereby empower her, previous to her death, to make any alteration in the following disposition of my estate among my children which at that time she may think equity required, according to the…

2Cited by2 opinions

  1. Lou. & Nash. R. R. v. BallardCourt of Appeals of Kentucky · 1887
  2. Bean v. BigstaffCourt of Appeals of Kentucky · 1915

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