Affirming. Gholson, a lease broker, plaintiff below, sought recovery of a commission for the sale of certain oil and gas leases. The two named appellants, together with the Paken Oil Company, were defendants. He charged that early in 1944 the three defendants employed him to procure a purchaser for certain oil and gas leases of Paken Oil Company, including wells and equipment located on lands in Wayne County. That under the contract the company was to receive $13,000 for the leases and excess...
Affirming. We are called upon here to determine the propriety of a judgment of the Bourbon Circuit Court testing the *Page 419 validity of a gift to charities created by the will of Lou Davis Redmon. The portion of the will involved herein is the clause reading: "Second, I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal to my beloved wife, Sallie Ferguson Redmon to have and hold to her my said wife so long as she may live at her death it shall...
Reversing. Stanley York, an employee of the City of Hazard, was assaulted and killed by a fellow employee on February 26, 1944. He left a widow and two infant children. On March 30, 1944, the widow, for herself and children, made application to the Workmen's Compensation Board for an award under the Workmen's Compensation Act, KRS 342.001 et seq., and after proof was taken a referee of the board dismissed the application, for adjustment of claim on the ground that York's death was not caused by...
Affirming. On February 2, 1920, Mrs. Valeria Yeiser, a widow, executed her promissory note to Miss Era Taylor for $3000 payable 12 months after date. She secured it by mortgaging a farm of 217 acres located in Ohio County, which had been devised to her by her husband. The note was credited by various sums paid by Mrs. Yeiser before her death on December 20, 1923, which about took care of the interest. Mrs. Yeiser died intestate survived by three children; a daughter and the appellant here, Miss...
Affirming. Benjamine Wright instituted this action seeking a divorce on the ground that his wife assaulted him and cruelly beat and injured him. In her answer and counterclaim Jane Wright sought a divorce and alimony. Wright was 55 years of age and his wife was 35 years of age when they were married in 1939. He suffers from silicosis, but is still able to do janitorial work. The parties made their home in a small residence which Wright purchased in 1938. During a part of the time the appellee's...
Affirming. Appellant, Wilson Wooten, was convicted and sentenced to life imprisonment for the murder of George Lundy. In seeking reversal of the judgment, he contends: (1) The verdict is not sustained by sufficient evidence, and appears to have been given under the influence of passion and prejudice; (2) the court erred in its instructions, and failed to instruct on the whole law of the case; (3) the court erred in admitting incompetent and irrelevant evidence offered by the Commonwealth; and (...
Affirming. The appellant, Mary Irene Wood, brought this action under section 518, subsection 7, Civil Code of Practice for a new trial on the ground of unavoidable casualty or misfortune which prevented her from properly prosecuting a cause of action wherein she sought to set aside an order probating the will of John C. Wood. A general demurrer was sustained to her petition, she declined to plead further and prosecutes this appeal from the judgment dismissing the petition. By reference in the...
Dismissing appeal. The grand jury of Bullitt County returned an indictment against appellant, William B. Wolford, in which he was accused of unlawfully, willfully and maliciously setting fire to and burning the barn of W.B. Crenshaw. At his trial he was convicted and punished by confinement in the penitentiary for ten years. Appellant's trial was had on December 5, 1944, and he was given time until a day in the following term to file his bill of exceptions which he did on April 2, 1945. The...
Affirming. Jamboree, in Pike County, is the scene of this homicide. A horse trade was the origin of it and whiskey the precipitating cause. On Sunday afternoon, March 5, 1944, Isaiah Wolford, his brother-in-law, Perry McCoy, and his brother, Caudle McCoy, gathered at a "jockey ground" on a creek. When Isaiah, nicknamed Bud, first rode up, he said: "Caudle, if you would shave a few of them whiskers off, me and you might try to trade some now." He asked, "Don't you believe I would " Caudle...
Affirming. This ordinary action was filed in the Jefferson circuit court on May 9, 1942, by appellants, and plaintiffs below, Max and Harry Wolff, partners, doing business under the name of Wolff Poultry Egg Company, against the appellee, and defendant below, L. Benovitz, by which plaintiffs sought to recover damages for slandering their business, which they placed in their petition at $5,100 actual damages and $20,000 punitive damages. Defendant denied the falsity of the charge made in the...
Reversing. On September 27, 1879, John Damron and wife conveyed to Christian Damron, vendor's brother, a tract of land in Pike County, Kentucky, containing 70 acres. The deed contained this reservation, or exception: "Coal mineral excepted, with exceptions of what grantee wants to use on the farm the said grantor to pay all damages that may be done the farm in getting the coal out, * * *". By mesne conveyances appellants acquired title to the tract, after which they executed, in 1926, an oil...
Affirming. In 1941, pursuant to the statutory provisions then in force, — 3037h-111 et seq. — a tract of land near St. Matthews, in an unincorporated area of Jefferson county, was laid out as a residential section and given the name of Arlington Subdivision. The undertaking was a rather ambitious one, embracing, as it did, several hundred lots, with streets, utility easements, etc., all shown on a plat which was approved by the Louisville Planning and Zoning Commission and filed in the office...
Reversing. R.L. Pierson was arrested by the marshal of the town of Drakesboro, Muhlenberg County, who had a search warrant for his automobile. The arrest was made outside the corporate limits of the town, after the marshal had trailed Pierson through the town and past his home. Being of the opinion that Pierson was drunk, and had violated the law by driving through Drakesboro in that condition, the marshal put him under arrest and took him before W.B. Williams, the appellant in this action, who...
Affirming. By his petition as amended appellant, W.A. Williams, alleged that appellees, Matt Bryant, Ross Wallace and Mrs. Pearl Van Money, are obstructing a public unimproved street in the town of Harlan in front of his property, thereby interfering with his use of the street and damaging his property fronting thereon. An injunction was asked against appellees to prevent further obstruction of the street and to require them to remove the existing ones therefrom. A joint answer was filed which...
Reversing. Appellees in each of the above styled cases seek to recover of appellant damages for breach of contract. The petition in each case alleges that appellant, through her husband agent, had entered into a contract with appellees, whereby the latter agreed to saw all of the timber on certain boundaries of land owned by appellant in Lewis County. Appellees were to move saw mills owned by them onto the properties and commence operations when appellant delivered the logs to the mills....
Affirming. Appellee, O.F. Payne, as receiver of the Huntington Banking Trust Company (hereinafter referred to as the Bank) recovered judgment against Edna B. Williamson, executrix of the estate of her sister, Ellen B. Williamson, and Edna B. Williamson individually for $1,438.88 with 6% interest per annum from June 6, 1933, to date of judgment, or $941.75, making a total of $2,380.63. The debt of $1,438.88 represented the balance due on a note of $1,450 appellant and her decedent executed to...
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 566 Affirming. In the primary election held on August 4, 1945, Roy Wilhoit, L.H. Liles and T.E. Nickel, were candidates for the Republican nomination for Commonwealth Attorney of the Twentieth Judicial District, composed of the counties of Lewis and Greenup. Wilhoit was the victor over Liles by a margin of 11 votes and Nickel ran last. Within the time...
Affirming. Appellee, W.W. Kemper, brought this equitable action against V.B. Wilhoite for the settlement of a partnership formed for the buying and selling of tobacco and to recover $1538.72, which he claimed as half of the partnership profits. E. Porter Ransdall filed an intervening petition in which he averred that he was the third member of the partnership and was entitled to a third of the partnership profits of $3,077.45. There is no controversy as to the amount of the profits and the only...
Issuing writ of mandamus. The petitioners, Clyde R. Widick, Marvin Adams, O.U. Kays, E.K. Arnold, Ralph Wesley, E.L. McClurkan, G.D. Tinley, L.C. Kelly, and D.L. Cornn, suing for themselves and all others desiring an election on the question of prohibition in Bell County, have petitioned this court to issue a writ of mandamus directing the respondent, Honorable J.M. Pursifull, Judge of the Bell County Court, to enter an order calling for an election to be held in Bell County for the purpose of...
Affirming on first appeal, reversing on second appeal. We have two more chapters in the serial about the estate of the late Morris Wides. One of these questions is novel, as was that in Wides v. Wides' Ex'r, 299 Ky. 103 , 184 S.W.2d 579 , in which we held that his widow had the right to renounce his will and to recover her dowable and distributable share notwithstanding a contract her deceased husband had made some years before with a former wife, and embodied in a judgment of divorce, by which...
