Legal Opinion

Kemper v. Kemper's adm'r

Court of Appeals of Kentucky

Decided April 4, 1864PublishedCited by 2 opinions

CASE 61 — PETITION EQUITY cited 3 Binney, 366-70; 10 Conn., 480 ; 2 Barb., 94; 14 Pick., 198; 10 Mass., 427; 1 Nott 4 Me., 237; Dudley's Eq., 14, 18, 23; 3 Story, 755,763; 2 Barb., 94; 16 Vermont, 206, 596; 1 Texas, 151; 5 Litt., 12; 2 Gill 4 3., 209; 4 Grot., 472; 8 Humph., 503; 2 Met., 156; 1 Paige, 316; 24 Pick., 261; 15 Maine, 429; 18 Conn., 410. cited 14 B. M., 532; 2 Revised Statutes, p. 22.

1Opinion of the Court

JUDGE PETERS

delivered the opinion of the court :

This action was brought in the court below by Steel, as the administrator of Benjamin J. Kemper, deceased, against appellants, to compel them to surrender to him the personal estate, which he alleges belonged to said decedent at his death, and which they wrongfully withhold from him.

Appellants resist his right to recover upon the ground that decedent, before his death, disposed of the whole of his personalty, and, having divested himself of his entire estate dur*402ing his life, he left nothing to be administered, or to which appellee, as his…

2Cases cited2 opinions

  1. Minchin v. MerrillNew York Court of Chancery · 1834
  2. Turpin v. ThompsonCourt of Appeals of Kentucky · 1859

3Cited by2 opinions

  1. Dickerson v. Snyder, AdministratorCourt of Appeals of Kentucky (pre-1976) · 1925
  2. Briscoe v. Briscoe's Admr.Court of Appeals of Kentucky · 1868

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