Clarke v. Clarke
Court of Appeals of Kentucky
Case 28. Pet. Eq. APPEAL FROM MADISON CIRCUIT. The only question in this case is, whether James Clarke should be charged in the distribution with that which the circuit court refused to charge him. Other questions of detail will be adverted to hereafter. It is alledged that James Clarke received seventy acres of .land, worth $2,100. more than what the intestate had advanced to his other children, and prays that it may be accounted for in the distribution.
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Case 28. Pet. Eq. APPEAL FROM MADISON CIRCUIT. The only question in this case is, whether James Clarke should be charged in the distribution with that which the circuit court refused to charge him. Other questions of detail will be adverted to hereafter. It is alledged that James Clarke received seventy acres of .land, worth $2,100. more than what the intestate had advanced to his other children, and prays that it may be accounted for in the distribution. James Clarke answers and says he paid his father for the seventy acres of land. It is proved that David Clarke, the. father of James…
1Opinion of the Court
Judge Simpson
delivered the opinion of the court:
David Clarke died intestate in October 1854. No administration seems to have been granted on his estate, but the widow and heirs entered into a written agreement that Robert Clarke, the brother, and Benjamin Clarke, one of the sons of the intestate, should make sale of, settle and distribute his estate without the appointment of an administrator.
A petition in equity was filed in this case by part of the heirs, setting forth the foregoing facts, and also alledging that the advancements, which the intestate had made to his children were about…
2Cases cited1 opinion
- Barber v. Taylor's HeirsCourt of Appeals of Kentucky · 1839
3Cited by3 opinions
- Ecton v. FlynnCourt of Appeals of Kentucky (pre-1976) · 1929
- Remmele v. KinstlerCourt of Appeals of Kentucky · 1957
- Weddle v. Waddle's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1935