Coffey v. Miller

• Decision Date: 21 October 1914
• Parties: COFFEY ET AL. v. MILLER ET AL.
• Court: Kentucky Court of Appeals

169 S.W. 852

160 Ky. 415

COFFEY ET AL. v. MILLER ET AL.

Court of Appeals of Kentucky.

October 21, 1914

Appeal from Circuit Court, Wayne County.

Will contest by P. M. Coffey and others against J. W. M. Miller and others. From a judgment in favor of the latter, the former appeal. Affirmed.

W. R Cress & Son and Joe Bertram, all of Monticello, and O. H Waddle & Son, of Somerset, for appellants.

Harrison & Harrison and Duncan & Bell, all of Monticello, Geo. E Stone, of Danville, and J. Bryan Stone, of Monticello, for appellees.

TURNER J.

Armstead Miller, a bachelor over 60 years of age, died in Wayne county on the 21st of December, 1911, leaving an estate valued at $40,000 or more, and leaving as his heirs at law two brothers and a number of nieces and nephews, the children of deceased brothers and sisters. He left an original will dated the 18th day of June, 1905, which is as follows:

"I Armstead Miller of the county of Wayne and State of Kentucky being of sound mind and disposing memory do ordain and publish this as my last will and testament hereby revoking all others heretofore made by me.

First: It is my will and desire that all my just debts be paid out of my estate. It is further my will and desire and I hereby give and bequeath to my cousin F. C. Miller Ten Thousand Dollars to have in cash for real estate either one that I may have in my possession at my Death. For her kindness shown me during my sickness.

Second and it is further my will and desire and I hereby give and bequeath to my Beloved Brother John W. M. Miller the Remainder all and every interest that I may own or have in any real or personal property or estate at the time of my death.

It is my further Will and I hereby appoint Brother John W. M. Miller my executor of this my last will and Testament, and request the county court of Wayne county not to Request Bond of said Miller.

Given under my hand and seal this 18th. day of June, 1905.

Armstead Miller."

On the 20th of August, 1908, he executed what is called a codicil to this will which is as follows:

"Codicil.

It is my will and desire to Dispose of my property at my death in the following Way and Manner.

I bequeath to my cousin, F. C. Miller, Ten Thousand for her kindness shown me during my sickness.

I also Bequeath to my nieces and nephews all their lawful parts except four namely. Maud Shearer, P. M. Coffey, C. L. Cooper, which they shall pay four thousand Dollars each of them out of their parts which shall be equally Devided among the other heirs for their uncindness showen me in my sickness, and also being agains me in the Burning of my Barns and shooting in my House.

I bequeath to my nephew F. F. Cooper Ten Dollars and this is to be in full of his part for his unkindness showen me in the Burning of my Barnes and shooting in my House and also for the way he conducted the goods business for me while a Pardner.

this is my last Will and Testament given under my hand signed and sealed this 20th. day August, 1908.

A. Miller."

On the 15th day of December, 1911, and just six days before his death, another codicil was executed by him which is as follows:

"Sumpter, Ky. Dec. 15, 1911.

Coticell of A. Miller.

Willed to F. C. Miller the amount of Ten Thousand Dollars.

Willed to Robert Hurst the amant of One Thousand Dollars.

This same to be paid him after he became of age--that is 21 yrs.

Willed to William Homer Hurst Five Hundred Dollars; this sum to be paid when he becomes of age--21 yrs. old.

Willed to P. E. Cooper, my nephew Five Dollars, no more or no less.

Willed to F. F. Cooper Five Dollars, no more or no less.

Willed to Clem Cooper his equal share after his debts are paid, that he owes me.

Willed to Miller Cooper his equal share after his debts are paid, that he owes me.

Willed to Janson Cooper his equal share after his debts are paid, that he owes me.

Willed to M. H. Miller his equal share after his debts are paid, that he owes me.

I will to Pearson Miller my nephew his equal part.

I will to Pearson Coffey, my nephew Five Hundred Dollars, less than his equal share for his unkindness shown me suring my trouble, The Burning of the barn.

I will to Maud Coffey Shearer, my niece, Five Hundred Dollars less than her equal share for her unkindness to me during trouble, that is the burning of the barn.

I will to Frank Miller my brother, his equal share, after all his debts are paid to me that he owes me.

I will to my brother Marion an equal share.

I don't want my land that Marion and I owned divided until his death. A. Miller.

Witness: G. W. Pyle,

Witness: G. M. Ferrell,

Witness: [Miss] Marion Casey, Nurse."

These three papers were offered for probate in the Wayne county court, and were admitted to record by that court, from which judgment an appeal was prosecuted to the Wayne circuit court, where a trial resulted in a peremptory instruction by the court, directing the first two papers to be found as the last will and first codicil of the deceased, and submitting to the jury the question as to the competency of the deceased when he executed the last-named paper; the jury found against the last-named codicil, whereupon judgment was entered, directing that the first two papers be recorded as the last will and testament of the decedent, and from that judgment this appeal is prosecuted, there being no cross-appeal as to the validity of the last-named codicil.

The decedent and his brother J. W. M. Miller, who was named as executor, were near the same age and lived together all of their lives, and owned a great deal of property in common, and by their combined efforts had each accumulated a competency. Some 15 or 16 years before the death of A. Miller his brother was paralyzed, and while he was able to get around the house and yard and occasionally go to the county seat, he was never thereafter an active man, although he retained his mental faculties. The two brothers owned the old home farm which had been left by their father, and there lived with them as housekeeper their cousin Miss Fayette C. Miller; in fact she had lived with their mother and father in their lifetime. At the time the papers involved were executed by A. Miller the household consisted of the two bachelor brothers, the cousin Fayette C. Miller, a negro man named Ingram, and a white cook named Coffey.

The contest is grounded upon two ideas: First. That the testator was at the time each of the papers were executed laboring under an insane delusion toward some of the natural objects of his bounty, which...