Legal Opinion

O'Malley's Admr. v. McLean

Court of Appeals of Kentucky

Decided March 11, 1902PublishedCited by 5 opinions

Case 1 — Action to Settle the Estate of Plaintiff’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment of Distribution and O’Malley’s Administrator an» Others Appeal.

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Case 1 — Action to Settle the Estate of Plaintiff’s Intestate. APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment of Distribution and O’Malley’s Administrator an» Others Appeal. The administrator of Patrick O’Malley deceased, recovered from the Union Cement and Lime Co., under section 6 of the Kentucky Statutes, $1,500, as damages for the death of said O’Malley, out of which he paid: (a) the funeral expenses, (b) the costs of administration of the sum recovered, (c) the costs about said recovery, including counsel fees, and (d) the balance to the widow, no children surviving.…

1Opinion of the Court

Opinion of ti-ie coubt by

JUDGE BURNAM

Reversing.

This is an appeal from a judgment of the Jefferson circuit court, construing so much of section G of the Kentucky Statutes as relates to the distribution of the proceeds of a judgment recovered in a suit under that' .section. The facts which gave rise to the litigation are as follows: The will of Patrick O’Malley was duly probated by the county court of Jefferson county on the 21st 'of August, 1895. Decedent owned at his death a piece of real estate in the city of Louisville worth about $1,500, which he devised to his wife during her life, and at…

2Cited by5 opinions

  1. U. S. Fidelity & Guaranty Co. v. Henderson CountyTexas Commission of Appeals · 1925
  2. Dishon's Administrator v. T. E. Dishon's AdministratorCourt of Appeals of Kentucky · 1920
  3. Napier's Administrator v. Napier's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1925
  4. Jackson's Administratrix v. AlexiouCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Emmerke's Adm'r v. DenunzioCourt of Appeals of Kentucky (pre-1976) · 1946

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