Holland v. Lowe
Court of Appeals of Kentucky
Case 15 — PETITION EQUITY 1. Schuerman had a right to file his answer and cross petition and not merely to offer it. The administrator was the only one who objected to it, and the cross petition was not against him at all, and affected only the interest of Schuerman in real estate left by the decedent, with which the administrator had nothing to do, and in which he had no interest. 2. In an action by distributees or creditors for the settlement of an estate no allegation is…
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Case 15 — PETITION EQUITY 1. Schuerman had a right to file his answer and cross petition and not merely to offer it. The administrator was the only one who objected to it, and the cross petition was not against him at all, and affected only the interest of Schuerman in real estate left by the decedent, with which the administrator had nothing to do, and in which he had no interest. 2. In an action by distributees or creditors for the settlement of an estate no allegation is necessary concerning the demand or affidavit and proof of claim required by the statute. Thomas’ Ex’r. v. Thomas, 15 B.…
1Opinion of the Court
JUDGE DuBELLE
delivered the opinion oe the court.
This suit was brought in equity by certain heirs, distributees and creditors' of James Lowe, deceased, against' the other heirs, distributees and creditors under sections 428 and 429 of the Civil Code, seeking a settlement and distribution of the estate, a reference to the commissioner and an order directing creditors to appear and prove their claims by a named day. The petition averred the amount of debts, nature and value of the property, and made a party defendant one Schuerman, who is alleged to have a contract of lease upon certain real…
2Cases cited2 opinions
- Murrell's adm'r v. McAllisterCourt of Appeals of Kentucky · 1881
- Maddox's Exrx. v. WilliamsCourt of Appeals of Kentucky · 1884
3Cited by7 opinions
- Brand's Exr. v. BrandCourt of Appeals of Kentucky · 1901
- Craddock v. PaytonCourt of Appeals of Kentucky · 1902
- Eastern State Hospital v. LyttletonCourt of Appeals of Kentucky · 1917
- Harris v. Harris' Admr.Court of Appeals of Kentucky · 1912
- Maddox's Exrx. v. WilliamsCourt of Appeals of Kentucky · 1884
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