Ward v. Ward

Court of Appeals of Kentucky

Ward v. Ward

6 Ky. Op. 238, 1872 Ky. LEXIS 530

DecidedDecember 29, 1872

StatusPublished

This text of 6 Ky. Op. 238 (Ward v. Ward) 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

Ward v. Ward, 6 Ky. Op. 238, 1872 Ky. LEXIS 530 (Ky. Ct. App. 1872).

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Opinion

Opinion by

Judge Hardin:

We concur with the court below in the conclusion that the will of Willis Ward was not of a character to put the appellee on her election whether she would take the benefit of the special provision made in the third clause and waive her shares in distribution or renounce the will. And also in the opinion that it is manifestly in-ferable from the provisions of the will that the testator did not intend to exclude his wife from her distributive share of his estate, but that it should be embraced by the reservation made in her favor, in the first clause of the will.

We perceive no valid ground of objection to the details of the judgment.

Wherefore the judgment is affirmed.

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Opinion by

Judge Hardin:

We concur with the court below in the conclusion that the will of Willis Ward was not of a character to put the appellee on her election whether she would take the benefit of the special provision made in the third clause and waive her shares in distribution or renounce the will. And also in the opinion that it is manifestly in-ferable from the provisions of the will that the testator did not intend to exclude his wife from her distributive share of his estate, but that it should be embraced by the reservation made in her favor, in the first clause of the will.

We perceive no valid ground of objection to the details of the judgment.

Wherefore the judgment is affirmed.

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Bluebook (online)

6 Ky. Op. 238, 1872 Ky. LEXIS 530, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ward-v-ward-kyctapp-1872.