Court of Appeals of Kentucky December 11, 1908 (Combs v. Combs)

*829Opinion of the Court by

Chiep Justice O’Rear—

Affirming.

Josiah H. Combs died intestate in September, 1894, leaving an estate comprising several thousand acres of land in Perry county and a number of town lots in Hazard. He was survived by his widow and four children, and the descendants of a fifth, who had died in the lifetime of the intestate. Within a few days after the death of J. H.