Legal Opinion

Emmerson's administrator v. Herriford

Court of Appeals of Kentucky

Decided September 14, 1871PublishedCited by 6 opinions

Case 43 — PETITION EQUITY APPEAL FROM HICKMAN CIRCUIT COURT. CITED Revised Statutes, sec. 33, chap. 37,1 Stanton, 509. 5 B. Monroe, 90, Sayre, administrator v. Lewis.

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Case 43 — PETITION EQUITY APPEAL FROM HICKMAN CIRCUIT COURT. CITED Revised Statutes, sec. 33, chap. 37,1 Stanton, 509. 5 B. Monroe, 90, Sayre, administrator v. Lewis. CITED Civil Code, sections 369-372, 574^585, 55, 56, 131. Wentworth on Executors, pages 309, 310. 3 Metcalfe, 61, Lee v. Waller. 5 Bush, 187, Mason, &c. v. Mason, &c. 1 J. J. Marshall, 177, Hobbs & Churchill v. Middleton. 3 Bush, 353, Hackett v. Sckad. 2 Williams on Executors, section 1802. 5 Dana, 406, Montmolin v. Gannt’s administratrix. 5 Dana, 410, Pilkington’s executor v. Gannt’s adm’x. 2 Metcalfe, 92, Chinn v. Mitchell. 3…

1Opinion of the Court

JUDGE HARDIN

delivered the opinion oe the court.

In March, 1860, the appellant, Jesse Cook, as the administrator of John M. Emmerson, deceased, brought this suit in equity for a settlement of the estate of his intestate, suggesting the insufficiency of the personal assets to pay the debts of the estate, and making the widow and the only heir of his intestate, and the appellee Herriford and others, as creditors of the decedent, defendants to the action.

Herriford appeared and filed an answer, which he made a cross-petition against Cook and the sureties in his bond as administrator, setting forth…

2Cited by6 opinions

  1. Commomwealih v. BarkerCourt of Appeals of Kentucky · 1907
  2. Johnson v. Dodd's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1931
  3. Bishop's Administrator v. BishopCourt of Appeals of Kentucky · 1915
  4. Strunk v. BennettCourt of Appeals of Kentucky · 1953
  5. Craddock v. PaytonCourt of Appeals of Kentucky · 1902

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