Citizens' National Bank v. Boswell's
Court of Appeals of Kentucky
Cash 18 — PETITION EQUITY APPEAL PROM PAYETTE COURT OP COMMON PLEAS. 1. The action was notprosecuted by the realpartyin interest. (Civil Code, sec. 18.) . The title of the personal representative continues until he makes distribution, or, in some way, gives his assent to the legatee’s taking the chattel. Thenceforth, title is in the devisee and he only can sue for the property.
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Cash 18 — PETITION EQUITY APPEAL PROM PAYETTE COURT OP COMMON PLEAS. 1. The action was notprosecuted by the realpartyin interest. (Civil Code, sec. 18.) . The title of the personal representative continues until he makes distribution, or, in some way, gives his assent to the legatee’s taking the chattel. Thenceforth, title is in the devisee and he only can sue for the property. (Williams on Executors, Side, p. 1235, etc..; Boone v. Dykes, 3 Mon., 535; Adió v. Cromwell, 3 Mon., 282.) The mere assent of the real party in interest will not give jurisdiction. (Worthington v. Greer, 17 B. M.,…
1Opinion of the Court
JUDGE BENNETT
delivered the opikiou oe the court.
The appellee, as administrator, with the will annexed, ■of W. D. Boswell, brought suit in the Fayette Circuit Court, for the purpose of having the will of W. D. Boswell construed, and for a settlement of the estate. All the devisees and parties in interest were made parties to the suit. The court, on a final hearing, construed the will, and held that Mrs, Graham, daughter of the testator, took the estate willed to her, for life, remainder to her children living at the time of her death, and that the estate, thus willed, was for her sole and…
2Cited by7 opinions
- Peoples Nat. Bank v. GuierCourt of Appeals of Kentucky (pre-1976) · 1940
- Taylor v. Harris' AdministratorCourt of Appeals of Kentucky · 1915
- Graham's Heirs v. KitchenCourt of Appeals of Kentucky · 1904
- Hilton v. Hilton's Admr.Court of Appeals of Kentucky · 1901
- Bank of Kentucky v. WinnCourt of Appeals of Kentucky · 1901
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