Kent's Adm'r v. Deposit Bank
Court of Appeals of Kentucky
Case 12 — PETITION ORDINARY APPEAL FROM DAVEISS CIRCUIT COURT. 1. Whatever may be the distributive rights of the parties, the husband had the right to maintain this action as administrator. 2. Section 15, article 4, chapter 52, General Statutes, excludes the husband only during coverture.
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Case 12 — PETITION ORDINARY APPEAL FROM DAVEISS CIRCUIT COURT. 1. Whatever may be the distributive rights of the parties, the husband had the right to maintain this action as administrator. 2. Section 15, article 4, chapter 52, General Statutes, excludes the husband only during coverture. (Brown, &c., v. Alden, &c., 14 B. M., 141.) 3. The husband, by the express provision of the statute of distribution, is the wife’s heir as to her personalty, and, therefore, takes the stock in controversy under the provision of the statute that, upon the wife’s death, it “ shall pass to her heirs.” (Gibbon…
1Opinion of the CourtChief Justice Holt
Belle W. Kent died childless and intestate. She owned five thousand dollars of bank stock. It was her separate estate. The husband, W. P. Kent, became her administrator, and after demand and refusal of payment he brought this action to recover a dividend that had been declared upon the stock. Her heirs-at-law made themselves parties to the suit, and disputed his claim to it. This dispute involves the right to the stock as between the husband and the lieirs-at-law of the deceased wife. The charter of the bank makes its stock personalty.
Section 15, article 4, chapter 52, of the General…
2Cited by1 opinion
- Allen v. FothCourt of Appeals of Kentucky (pre-1976) · 1925