Anspacher v. Utterback's Administrator

OPINION of the Court by

Judge Richardson

— Reversing.

The decisive question in this case is the right of devisees, one of whom is also an executrix of a will, to á preference as to the other creditors of a deceased co-executor, under section 3868, Kentucky Statutes. J. 0. Utterback, a resident of McCracken county, Ky., died intestate, owing debts aggregating $500,000, with an estate of the value from $25,000 to $30,000 available for the payment of his debts. Only the claim of Anspacher’s estate grows out of a fiduciary relation. The widow of A. E. Anspacher, for his estate, asserts the right of…