Legal Opinion

Hilton v. Hilton's Admr.

Court of Appeals of Kentucky

Decided April 17, 1901PublishedCited by 4 opinions

Case 59' — Action for an Accounting of V7. I. Hilton’s Administrator, etc — APPEAL FROM SIMPSON CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal.

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Case 59' — Action for an Accounting of V7. I. Hilton’s Administrator, etc — APPEAL FROM SIMPSON CIRCUIT COURT. Judgment for Defendants and Plaintiffs Appeal. The points relied on for reversal are: 1. The estate of Hilton constituted one whole at his death, and in an action to settle it, all parties who were in possession of any part were properly joined as defendants, were in the absence of a conspiracy. 2. If it was necessary to charge a conspiracy to make the action joint as to‘ all, then the amended petition should have been permitted by the court. 3. Having ordered an election, the…

1Opinion of the Court

Opinion of the court by

JUDGE O’REAR

Affirming.

The petition, alleges the death of W. I. Hilton in 1889 in Simpson county, and the appointment and qualification of appellee; J. W. Iiaird, as his administrator. It shows that the .appellant had made a settlement of h.is accounts, but when or where is not shown; and the first four paragraphs of the petition are devoted to setting up matter looking to a surcharge of the settlement, and for a more complete and thorough accounting by the administrator. The remaining six paragraphs set out entirely different and independent causes of action, each…

2Cases cited1 opinion

  1. Citizens' National Bank v. Boswell'sCourt of Appeals of Kentucky · 1892

3Cited by4 opinions

  1. Rose v. SpragueCourt of Appeals of Kentucky (pre-1976) · 1933
  2. Taylor v. SliderCourt of Appeals of Kentucky · 1919
  3. Merrick v. MerrickCourt of Appeals of Kentucky (pre-1976) · 1934
  4. Advance Publishing Company's Trustee in Bankruptcy v. BillupsCourt of Appeals of Kentucky (pre-1976) · 1929

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