Weddington v. Adkins

2 Citing cases

  1. Ward v. Ward

    33 So. 2d 294 (Miss. 1948)   Cited 18 times

    We think the better reasoned cases are those that hold that the heirs have nothing to release and that such a release is a nullity. Mow v. Baker (Tex.), 24 S.W.2d 1, 68 A.L.R. 405; Weddington v. Adkins, 245 Ky. 747, 54 S.W.2d 331; Ferenbaugh v. Ferenbaugh, 104 Ohio St. 556, 136 N.E. 213; Theissen v. Moore, 105 Ohio St. 401, 137 N.E. 906; State Bank of Woolstock v. Schutt, 174 Iowa 583, 156 N.W. 762; Kass v. Brown, 68 N.H. 85, 44 A. 86; Headrick v. McDowell, 142 Va. 124, 45 S.E. 104; Pritchard v. Pritchard, 76 W. Va. 91, 85 S.E. 29. The instrument executed in the case at bar did not amount to a release or a contract not to contest the will of the testator herein.

  2. Ray v. Ray

    182 S.W.2d 664 (Ky. Ct. App. 1944)   Cited 4 times
    In Ray v. Ray, 298 Ky. 162, 182 S.W.2d 664, the testator had devised to one son a portion of his land, the balance to be divided with other children. He devised to his wife "1 1/2 acres where we are now living, including the storehouse and contents of store."

    " In Weddington v. Adkins, 245 Ky. 747, 54 S.W.2d 331, the testator devised to his wife a life estate in 35 acres of land and died intestate as to practically all of his personal property. The widow was given the small balance of personal property which amounted to less than the $750 exemption allowed by KRS 391.030, Carroll's Kentucky Statutes, section 1403, although she had not renounced the will.