Berry v. Graddy
Court of Appeals of Kentucky
CASE 39 ANPEAL FROM FI.EMING CIRCUIT COURT. This appeal is prosecuted from a judgment of the circuit court, affirming the judgment of the county court confirming and ordering to record a settlement made with Wm. H. Graddy as administrator of Osborne Belt, deceased. 1. The account paid F. Belt should have been verified by the written affidavit of the claimant.
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CASE 39 ANPEAL FROM FI.EMING CIRCUIT COURT. This appeal is prosecuted from a judgment of the circuit court, affirming the judgment of the county court confirming and ordering to record a settlement made with Wm. H. Graddy as administrator of Osborne Belt, deceased. 1. The account paid F. Belt should have been verified by the written affidavit of the claimant. (Rev. Stat., 340, secs. 35 and 37 ; Overly vs. Overly, ante, 117.) 2. The claim of $3,000, set up by the administrator, should not have been allowed, because there was no consideration to support the contract or agreement. (Addison on…
1Opinion of the CourtChief Justice Simpson
The controversy between the parties is confined to two items in the settlement of the administrator.
One of the items is the sum of $250, which the administrator paid to F. Belt for his services in superintending and managing the farm of . the intestate for some months after his death. The services were proved to have been such as were proper and necessary under the circumstances, and rendered to carry into effect an arrangement that was advantageous to all the parties interested in the estate. It was also proved that the services were reasonably worth the sum paid by the administrator.
The…
2Cases cited1 opinion
- King's Executors v. HannaCourt of Appeals of Kentucky · 1849
3Cited by36 opinions
- Attorney General v. WilliamsMassachusetts Supreme Judicial Court · 1899
- Bassett v. BrownMassachusetts Supreme Judicial Court · 1870
- Boody v. WatsonSupreme Court of New Hampshire · 1886
- Higham v. HarrisIndiana Supreme Court · 1886
- Snow v. AlleyMassachusetts Supreme Judicial Court · 1887
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