Adams v. Readnour
Court of Appeals of Kentucky
CASE 33. — APPLICATION BY JOHN G. ADAMS, EXECUTOR OF REBECCA POWERS, DECEASED, FOR AN ORDER TO SHOW CAUSE WHY JOSEPH READNOUR, ADMINISTRATOR, WITH THE WILL ANNEXED, SHOULD NOT BE REMOVED AND PETITIONER TO QUALIFY AS EXECUTOR — Appeal from Kenton Circuit Court, Common Law and Equity Division. An order granting the relief asked in the County Court, was reversed on appeal to the Circuit Court from which petitioner appeals. — CITATION AND AUTHORITIES.
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CASE 33. — APPLICATION BY JOHN G. ADAMS, EXECUTOR OF REBECCA POWERS, DECEASED, FOR AN ORDER TO SHOW CAUSE WHY JOSEPH READNOUR, ADMINISTRATOR, WITH THE WILL ANNEXED, SHOULD NOT BE REMOVED AND PETITIONER TO QUALIFY AS EXECUTOR — Appeal from Kenton Circuit Court, Common Law and Equity Division. An order granting the relief asked in the County Court, was reversed on appeal to the Circuit Court from which petitioner appeals. — CITATION AND AUTHORITIES. Kentucky Statutes, Section 3890; Kentucky Statutes, Section 3897; Redfield’s Law of Surrogate Courts, page 140; Toler on Executors, Section 93.…
1Opinion of the Court
Opinion op the Court by
Wm. Rogers Clay, Commissioner
— Reversing.
Rebecca Powers, a resident of Kenton county, Ky., died in tbe month of January, 1908, leaving a last will and testament. Appellant, John Gr. Adams, was nominated the executor therein. He produced the will, and it was duly proved and probated at the February term, 1908, of the Kenton county court. For some reason appellant failed to qualify as executor at that time. At the April term, 1908, of the Kenton county court, J. C. Eads, a brother of the testatrix and who claimed to be a creditor of the estate -appeared and moved the…
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