Hayes v. Rupey

Court of Appeals of Kentucky

Hayes v. Rupey

3 Ky. Op. 394, 1869 Ky. LEXIS 449

DecidedFebruary 26, 1869

StatusPublished

This text of 3 Ky. Op. 394 (Hayes v. Rupey) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hayes v. Rupey, 3 Ky. Op. 394, 1869 Ky. LEXIS 449 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Robertson:

While the testamentary description of the advancement of money by the testator to his son Samuel O. Hayes, is vexatiously ambiguous as to the amount, we are inclined to concur with the circuit court in its interpretation; and, though the extraneous evidence would lead to a different construction, yet, the ambiguity being patent, that evidence was inadmissable, and cannot be judicially considered.

Wherefore the judgment of the circuit court is affirmed.

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Opinion of the Court by

Judge Robertson:

While the testamentary description of the advancement of money by the testator to his son Samuel O. Hayes, is vexatiously ambiguous as to the amount, we are inclined to concur with the circuit court in its interpretation; and, though the extraneous evidence would lead to a different construction, yet, the ambiguity being patent, that evidence was inadmissable, and cannot be judicially considered.

Wherefore the judgment of the circuit court is affirmed.

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Bluebook (online)

3 Ky. Op. 394, 1869 Ky. LEXIS 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hayes-v-rupey-kyctapp-1869.