First National Bank of Prestonsburg v. Sellards

Opinion of the Court by

Judge Perry

Reversing.

W. B. Westbrook died testate in the fall of 1929, a', citizen and resident of Floyd county, Ky. By his will, John D. Westbrook, his brother, was nominated as executor and directed that he should first joay the decedent’s just debts and that all his property thereafter-remaining was devised to his sisters, Lucy A. and Amanda O. Westbrook.

Thereafter, the will having been probated and the executor having qualified, suit was filed by the appellant bank to settle the decedent’s estate and, as a creditor, to-recover judgment against its said executor and…