Craig v. Wilcox's Ex'or
Court of Appeals of Kentucky
Case 84 — PETITION EQUITY — As the infant was not made a defendant, nor the action brought by her guardian, nor the bond executed by the guardian to the infant before the order of sale, the entire proceeding is void, and confers no title whatever upon the appellant.
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Case 84 — PETITION EQUITY — As the infant was not made a defendant, nor the action brought by her guardian, nor the bond executed by the guardian to the infant before the order of sale, the entire proceeding is void, and confers no title whatever upon the appellant. (Civil Code, sees. 491, 493; subsee. 5 of sec. 489; Barnett v. Bull, 81 Ky., 127.) 'The amendment of April 4, 1882, published as part of see. 498 of Civil Code, has no application. 1. The infant, being a non-resident without a statutory guardian, had the right to sue by her next friend. (Civil Code, sec. 35, subsee. 4; Idem, sec.…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opieioe ov ti-ie court.
Jesse Wilcox, by Ms will duly probated in the' Kenton County Court, provides for the payment of his debts, &c., out of that portion of his estate that is thereinafter placed under the control of his executors, and the survivor or survivors of them, and which was not specially bequeathed to others. He confers on them and the survivor of them all other power and authority which he could give or confer in the premises, and all the power and authority which they needed in order to carry into full effect and execution, all and singular the…
2Cases cited2 opinions
- Barnett v. BullCourt of Appeals of Kentucky · 1883
- Ewing v. RiddleCourt of Appeals of Kentucky · 1871
3Cited by7 opinions
- Vickers v. VickersCourt of Appeals of Kentucky · 1920
- Noel v. HarperCourt of Appeals of Kentucky · 1916
- Bullock v. GudgellCourt of Appeals of Kentucky · 1904
- Adams v. Security Trust Co.Court of Appeals of Kentucky (pre-1976) · 1946
- Buckner v. KelleyCourt of Appeals of Kentucky · 1913
2 more not listed; retrieve them via the Exa API.