Crain v. Mallone
Court of Appeals of Kentucky
CASE 16. — ACTION TO SETTLE SUSAN MALLONE’S ESTATE, IN WHICH THE GUARDIAN AD LITEM OF A FEEBLE-MINDED HEIR, SEEKS TO CHARGE THE OTHER HEIRS WITH ADVANCEMENTS. — Appeal from Hart Circuit Court. Samuel E. Jones, Circuit Judge. From the judgment Annie Lee Crain and another appeal — POINTS. AND AUTHORITIES. 1. The Virginia Hospitality Act does not apply in case of necessities furnished to an idiot. (3 Bush, 614; Frailey’s Admr. v. Thompson, 20 Ky.
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CASE 16. — ACTION TO SETTLE SUSAN MALLONE’S ESTATE, IN WHICH THE GUARDIAN AD LITEM OF A FEEBLE-MINDED HEIR, SEEKS TO CHARGE THE OTHER HEIRS WITH ADVANCEMENTS. — Appeal from Hart Circuit Court. Samuel E. Jones, Circuit Judge. From the judgment Annie Lee Crain and another appeal — POINTS. AND AUTHORITIES. 1. The Virginia Hospitality Act does not apply in case of necessities furnished to an idiot. (3 Bush, 614; Frailey’s Admr. v. Thompson, 20 Ky. Law Rep., 1179; Dance’s Admr. v. Magruder, 26 Ky. Law Rep., 220.) 2. The act never applies to any person whether sui juris or not for extraordinary…
1Opinion of the Court
Opinion of the Court by
Judge Carroll —
Affirming.
Mrs. Susan Mallone died intestate, leaving surviving her three children — the appellant Annie Lee Crain, wife of L. P. Crain, and J. C. and W. S. Mallone. This action was brought to settle her estate and distribute the proceeds between her children. J. O. Mallone was a person of unsound mind, and the guardian ad litem appointed to defend for him sought, to charge Mrs. Crain and Y7. S. M/allone with advancements made to them by Mrs. Mallone. Mrs. Crain and W. S. Mallone admitted in a pleading that they had received from their mother advancements *127i…
2Cases cited3 opinions
- Bowles v. WinchesterCourt of Appeals of Kentucky · 1877
- Combs v. BeattyCourt of Appeals of Kentucky · 1868
- Central Kentucky Asylum v. KnightonCourt of Appeals of Kentucky · 1902
3Cited by27 opinions
- Wells v. . WellsSupreme Court of North Carolina · 1947
- Wells v. WellsSupreme Court of North Carolina · 1947
- Bartley v. CommonwealthKentucky Supreme Court · 2013
- Borchert v. BorchertCourt of Appeals of Maryland · 1946
- Arche v. United StatesSupreme Court of Kansas · 1990
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