Williams' Executors v. Lindsay

Court of Appeals of Kentucky

Williams' Executors v. Lindsay

3 Ky. Op. 496, 1869 Ky. LEXIS 494

DecidedDecember 2, 1869

StatusPublished

This text of 3 Ky. Op. 496 (Williams' Executors v. Lindsay) 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

Williams' Executors v. Lindsay, 3 Ky. Op. 496, 1869 Ky. LEXIS 494 (Ky. Ct. App. 1869).

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Opinion

Opinion of the Court by

Judge Williams:

The provisions of the will as to the advancements and the legacies must govern and not the parol evidence. If it were clear that a mistake was made by the testator or the draftsman, this would be made to appear on bill filed for the purpose, which is even then doubtful, but perhaps a legatee would be enjoined from asserting a claim which the testator never designed for him, but so long as the unmodified will is permitted to stand of record, its provisions must prevail over any parol evidence, however imposing.

Wherefore, the judgment is affirmed.

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Opinion of the Court by

Judge Williams:

The provisions of the will as to the advancements and the legacies must govern and not the parol evidence. If it were clear that a mistake was made by the testator or the draftsman, this would be made to appear on bill filed for the purpose, which is even then doubtful, but perhaps a legatee would be enjoined from asserting a claim which the testator never designed for him, but so long as the unmodified will is permitted to stand of record, its provisions must prevail over any parol evidence, however imposing.

Wherefore, the judgment is affirmed.

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Bluebook (online)

3 Ky. Op. 496, 1869 Ky. LEXIS 494, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-executors-v-lindsay-kyctapp-1869.