The republic. [volume] (Washington [D.C.]) 1849-1853, 1851-10-04

GENERAL JAMES TAVLoRs WmL.--The Newpor
(Ky.) Ne,os publishes account of recent trial
In relation to will and estate Of the late General
James Taylor, of Kentucky, the issue of which in
wolves the title to n large amount of property in
that State and the State of Ohio, and is based upon
decision of law which is important to executors
The court being sufficiently advised of the motion,
rendered the following opinion in the cause:
cit ia remarkable fact in the history of the ju
dica acts OF the courts of this State that this court
should be first called upon to decide questions of
law heretofore undetermined by any other court Of
this Commonwealth. The motion presents two
points for our consideration: First, whether or
not the old county court erred in admitting the
supposed will of General James TAYLOR To record
without said will having been first recorded in the
circuit court, and regularly certified by the clerk
OF said court, as directed by the mandate of the
court OF appeals and the order of the circuit court
The facts presented in reference to this branch
of the case simply these After the death of
General Taylor, his will brought to the old
county court for proof and record; the will was
proven, but the court refused to record; to this de-
cision OF the county court an appeal was taken to
the circuit court, which court decided that this
court erred in not permitting the will to be record
ed The case was then taken TO the court ofappeals
upon writ OF error, the court of appeals confirmed
the decision OF the circuit court, and directed q
mandate TO issue to the circuit court, directing that
court hrst to record the will once in that court and
order the same to be certified to this court for re
NOru Ibuppose tnat the OBJECT oil the court OF
pcals In requiring these two records to be made
was to identify and make certain TO this court the
paper presented to it as being the will of General
James Taylor, which it had previously rejected
"The records show that ut the time this will was
presented to this court and was admitted to record
that it was not recorded in the circuit court nci-
thcr was II certified to this court, as required by
both the mandate Of the court of appeals and the
order of the circuit court. II the mandates Of the
superior court binding at ALL they must be lit
orally obeyed for, if the minor courts of the Suites
arc Justified in disrcgarding their mandates in one
particular, thoy may disregard the whole. am of
the opinion, upon this branch Of the case that the
order OF the old county court without authori-
~ OF law, and consequently void. AS to the other
point in the motion, the records of this court as
we'll as the evidence before me, show most conclu-
sively that Major James Taylor in open court did
renounce his right 10 the executorship of his IA
theirs will he afterwards took letters of admins
tration from this court. which stand unrevokcd !;
lic entered into an agreement with his sisters and
brothers-in-la to renounco his executorship and
put down the will he has since acted ms attorney
IN fact for his sisters and their husbands he has
received rents and other moneys one of the heirs
OF Lis ather and has also done many other acts en-
pals, showing positively that il was his intention
To rcnounce, and did renouncc. the cxocutorsbip
oil this Will VIC are, therefore, of opinion that the
old county court erred in allowing Major Taylor
TO be sworn executor under said will and that,
too, without giving the other parties interested no
tice OF his intention go TO do. For these reasons
the motion is sustained, and the order admitting
the will TO record, and permitting james Taylor
to be sworn as executor is hereby set nside and
the letters Of probate granted him repealed"