Short v. Galway
Court of Appeals of Kentucky
Case 70 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. Brief not in record. 1. The heir or devisee may be sued in equity for any liability of the decedent. (Gen. Stat., chapter 44, article 1, sections 9 and 10.) 2. The widow’s claim under the Ohio statute is a debt of the estate, to be paid out of the assets the same as other debts.
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Case 70 — PETITION EQUITY — APPEAL PROM KENTON CHANCERY COURT. Brief not in record. 1. The heir or devisee may be sued in equity for any liability of the decedent. (Gen. Stat., chapter 44, article 1, sections 9 and 10.) 2. The widow’s claim under the Ohio statute is a debt of the estate, to be paid out of the assets the same as other debts. (Rev. Stat. of Ohio, sections 6028, 6040, 6041, 6043, 6090 and 524; Constitution of Ohio, article 4, section 8; Collier v. Collier’s Ex’rs, 3 Ohio St., 369 and 376; Spangler v. Dukes, 39 Ohio St., 642; Dorah’s Adm’r v. Dorah’s Ex’r, 4 Ohio St., 292; Bane…
1Opinion of the Court
JHDGE PRYOR
delivered the opinion oe the court.
Mary Y. Mitchell, the widow of William C. Mitchell, after his death married one Gralway, and the two, husband and wife, instituted the present action in the court below against the appellant, Charles W. Short, who was the sole heir-at-law of. William C. Mitchell, ■ the first husband. Her marriage with Mitchell took place in the city of Cincinnati in *503July, 1873, and at the time of her husband’s death they were residents of and domiciled in the State ■ of Ohio.
After Mitchell’s death his wife (now Mrs. Gal-way) qualified as the administratrix of his…
2Cases cited2 opinions
- Page v. McKeeCourt of Appeals of Kentucky · 1867
- Boyce v. NancyCourt of Appeals of Kentucky · 1836
3Cited by6 opinions
- Curtis v. ArmagastSupreme Court of Iowa · 1912
- Winn v. StricklandSupreme Court of Florida · 1894
- Gaskins v. GaskinsCourt of Appeals of Kentucky (pre-1976) · 1949
- Redwine's v. RedwineCourt of Appeals of Kentucky · 1914
- Schram v. BerbigNebraska Supreme Court · 1937
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