(DOWNLOAD) "Kelly v. Kelly" by Court Of Appeals Of Kentucky ~ eBook PDF Kindle ePub Free
eBook details
- Title: Kelly v. Kelly
- Author : Court Of Appeals Of Kentucky
- Release Date : January 27, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
STANLEY, Commissioner. On September 14, 1933, Millard L. Kelly conveyed the property on which he was living to his brother, Marion D. Kelly, and the deed was promptly recorded. Millard L. Kelly married the appellant, Nona Kelly, later in the year. They continued to live on the property until his death on April 12, 1941. After the affirmance of a judgment denying Mrs. Kelly the right to recover for expenditures made by her in improving the property, Kelly v. Kelly, 293 Ky. 42, 168 S.W.2d 339, 148 A.L.R. 331, she filed this suit against her deceased husband's brother, the grantee, and her stepson, Bernice M. Kelly. It was resolved into a question of whether she is entitled to dower or homestead in the property. Her right is rested upon two grounds: (1) That her husband's conveyance to his brother was fraudulently made for the purpose of defeating his creditors and under an agreement that the grantee would re-convey the property, so that her husband was the true and equitable owner of the property at his death; and (2) that it had in fact been re-conveyed by an unrecorded deed which was destroyed by her stepson. There is also raised the third question of champerty invalidating a deed from the brother to the son, or to a trustee for him. The court adjudged the widow had no right of any kind in the property and awarded judgment against her in favor of the son for $300. rental.