Muldoon v. Crawford's Administrator
Court of Appeals of Kentucky
Case 20 — PETITION EQUITY APPEAL EROM LOUISVILLE CHANCERY COURT. 1. The rule of priority established by section 33, chapter 37, Eevised Statutes applies only to proceeds of personal estate and such funds as come to the'hands of the administrator in virtue of his office.
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Case 20 — PETITION EQUITY APPEAL EROM LOUISVILLE CHANCERY COURT. 1. The rule of priority established by section 33, chapter 37, Eevised Statutes applies only to proceeds of personal estate and such funds as come to the'hands of the administrator in virtue of his office. This rule results from the fact that the only priority established by law is found in said section 33, and as said section is in the chapter devoted to administrators, it is clear that it only speaks of and refers to such property and' effects as usually and legally go into the hands of the administrator. This conclusion is…
1Opinion of the Court
JUDGE COFER
delivered the opinion of the court.
But two questions are presented for decision on this appeal:
1. Are liabilities of a decedent as executor, administrator, guardian, and committee of an idiot or lunatic to be paid out of the proceeds of real estate, sold under order of the chancellor in a suit brought by the personal representative for a settlement of the estate, in preference to other liabilities of the decedent, or are such proceeds to be distributed in such manner as to produce, as nearly as possible, equality among all the creditors of such decedent?
*1292. If such preference exists…
2Cases cited3 opinions
- Grider v. PayneCourt of Appeals of Kentucky · 1839
- Schoolfield's Administrator v. RuddCourt of Appeals of Kentucky · 1848
- Bull's Executors v. Bull's CreditorsCourt of Appeals of Kentucky · 1847
3Cited by2 opinions
- Costigan v. KrausCourt of Appeals of Kentucky · 1914
- Harding v. HardingCourt of Appeals of Kentucky · 1913