Legal Opinion

Collins v. Carlisle's Heirs

Court of Appeals of Kentucky

Decided September 14, 1846PublishedCited by 8 opinions

Error to the Grant Circuit. Chancery, Case b. Case stated. . Decree of the Circuit Court. i Husband devises j his estate after / the payment oí / debts “wholly to > his wife, and to ' bo disposed of bv her and divided ¡among my children at her discretion.”

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Error to the Grant Circuit. Chancery, Case b. Case stated. . Decree of the Circuit Court. i Husband devises j his estate after / the payment oí / debts “wholly to > his wife, and to ' bo disposed of bv her and divided ¡among my children at her discretion.” Held that the wife 1 took an estate for life, with full "• power to give to 'the children, or ¡appropriate it to . their use at her ¡ discretion; and ; she dying, the ' children of the / testator take that /undisposed of by their mother under the will. Administiaiors who give a joint bond, aie liable jointly for the acts of each other upon…

1Opinion of the Court

Judge Breck

delivered üie opinion of the Court.

In 1836 the last will of A. H. Carlisle was duly proven and admitted to record in the Harrison Circuit Court, and administration, with the will annexed, no executors being named in it, was granted to his widow, Nancy Car-lisle and John Mitchell, who, together with R. A. Collins and Levi Ashbrook as sureties, executed a joint administration bond. Subsequently the said Nancy departed this life, and administration upon her estate was granted to James W. Collins, the husband of one of the daughters of the testator.

This bill was filed by said James W.…

2Cited by8 opinions

  1. Hackett's Trustee v. HackettCourt of Appeals of Kentucky · 1912
  2. Commission Ex Rel. State Tax Commission v. Willson's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
  3. Doom's Ex'rs v. Doom's DeviseesCourt of Appeals of Kentucky · 1874
  4. In re the Will of WeienSupreme Court of Iowa · 1908
  5. Jones v. CliftonU.S. Circuit Court for the District of Kentucky · 1878

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