Keene's Extrx. v. Newton
Court of Appeals of Kentucky
Appeal from Washington Circuit Court. 2. Witnesses — Claim Against Es.tate of Deceased Person. — fncomipetent ©videnoe given by a claimant against the estate of a deceased person is not relieved of its incompetency 'by the subsequent denial thereof by the -personal representative after it has been erroneously -admitted over such representative’s objections and exceptions. 3. Principal and Agent — Witnesses.—Agency cannot be established by the opinions or conculsions of…
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Appeal from Washington Circuit Court. 2. Witnesses — Claim Against Es.tate of Deceased Person. — fncomipetent ©videnoe given by a claimant against the estate of a deceased person is not relieved of its incompetency 'by the subsequent denial thereof by the -personal representative after it has been erroneously -admitted over such representative’s objections and exceptions. 3. Principal and Agent — Witnesses.—Agency cannot be established by the opinions or conculsions of witnesses. 4. Executors and Administrators — 'Services.—Proof of the value of ola-imiant’s services on h-is own farm not…
1Opinion of the Court
Opinion op the Court by
Judge Clarke
-Reversing.
A judgment was rendered upon a Verdict in the Washington circuit court in favor of the plaintiff, Newton, against the executrix of H. B. Keene, deceased, for $375 upon a claim for services alleged to have been performed for the decedent at his special instance and request; and the defendant has brought the case here by motion for an appeal.
Plaintiff and decedent had a complete settlement of all accounts between them on March 24, 1919, which was just -seventy days before the latter’s death.
Over defendant’s -objections and exceptions plaintiff was…
2Cases cited4 opinions
- Barnett's Administrator v. BrandCourt of Appeals of Kentucky · 1915
- Black v. McCarley's Ex'rCourt of Appeals of Kentucky · 1907
- Doerhoefer v. ShewmakerCourt of Appeals of Kentucky · 1906
- Young v. Bank of SweetwaterCourt of Appeals of Kentucky · 1920
3Cited by4 opinions
- Arrington v. SizemoreCourt of Appeals of Kentucky (pre-1976) · 1931
- Anderson's Administrator v. DarlandCourt of Appeals of Kentucky · 1921
- In Re Estate of Michael FiliSupreme Court of Iowa · 1949
- Solbrack v. FosselmanSupreme Court of Iowa · 1973