Legal Opinion

Phillips v. Hundley

Court of Appeals of Kentucky

Decided November 4, 1909PublishedCited by 5 opinions

CASE 34. — PROCEEDINGS TO APPOINT AN ADMINISTRATOR WITH THE WILL ANNEXED OF J. G. PHILLIPS, DECEASED Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge.

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CASE 34. — PROCEEDINGS TO APPOINT AN ADMINISTRATOR WITH THE WILL ANNEXED OF J. G. PHILLIPS, DECEASED Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. From a judgment of the circuit court dismissing an appeal from the county court, Phillips appeals. — • 1. In conclusion we most respectfully submit that under a fair construction of Sections 3891, 3896, and 3897 of the Kentucky Statutes (Sections 3937, 3919 and 3920 of the Statutes of Kentucky), the family of the deceased haVe a right until and including the second term of the county court to qualify as personal representatives of…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Affirming.

J. G-. Phillips died testate in Marion connty in December, 1907. In his original will he nominated E. N. Hundley as executor, but by a codicil John B. Phillips and Owen D. Thomas were substituted as executors in place of Hundley. The. decedent left surviving him his widow and four children; one of the children being the appellant, Bird Burton Phillips. The first regular county court day after the death of Mr. Phillips occurred on January 6, 1908. The county court that convened on this day was adjourned until January 10th, when the executors,…

2Cases cited4 opinions

  1. McFarland's Admr. v. L. & N. R. R.Court of Appeals of Kentucky · 1908
  2. Young's Adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1905
  3. Buckner's Adm'rs v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1905
  4. Underwood v. Underwood's Admr.Court of Appeals of Kentucky · 1901

3Cited by5 opinions

  1. Hunt v. CrockerCourt of Appeals of Kentucky (pre-1976) · 1932
  2. Jackson's Admr. v. Asher Coal Co.Court of Appeals of Kentucky · 1913
  3. Liberty Bank & Trust Co. v. Kentucky Title Trust Co.Court of Appeals of Kentucky (pre-1976) · 1931
  4. Salyer v. Consolidation Coal Co.Court of Appeals for the Sixth Circuit · 1918
  5. Lalley v. Lalley's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1934

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