Suit v. Crawford
Court of Appeals of Kentucky
Case 51 — PETITION ORDINARY APPEAL EBOM ROBERTSON CIRCUIT COURT. 1. There being no legatees or distributees, and all debts, if any, being barred by length of time, and the administrator having turned ■over the note to the heirs, the estate could have no interest in the note, and the heirs could maintain the suit.
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Case 51 — PETITION ORDINARY APPEAL EBOM ROBERTSON CIRCUIT COURT. 1. There being no legatees or distributees, and all debts, if any, being barred by length of time, and the administrator having turned ■over the note to the heirs, the estate could have no interest in the note, and the heirs could maintain the suit. (Bellamy’s Adm’r. v. Bellamy, 3 Bush, 110.) 2. The court should have permitted the amended petition to be filed “in furtherance of justice.” • (Civil Code, sec. 134; Greer v. City of Covington, 83 Ky., 410; Rogers v. Rogers, 15 B. M., 364.) 1. Heirs and distributees can not in their…
1Opinion of the Court
JUDGE PAYNTER
delivebed the opinion oe the cotjet:
This action was brought by the widow and children of Leonard Pyles on a promissory note which it is claimed was an asset of the estate of the decedent.
Leonard Pyles died in 1876 intestate. An administrator of the estate was duly appointed. It is alleged he settled his accounts as such with the county court and was discharged as administrator and from all liability on the note in suit, and that he thereupon turned the note over to the plaintiffs. The court sustained a demurrer to and dismissed the petition upon the ground that the action could…
2Cases cited1 opinion
- Bellomy's adm'r v. BellomyCourt of Appeals of Kentucky · 1867
3Cited by1 opinion
- Stockyards Bank of Louisville v. HudsonCourt of Appeals of Kentucky (pre-1976) · 1929