Craddock v. Payton
Court of Appeals of Kentucky
Case 36' — Action by S. M. Payton, &c. against J. M. Craddock, &o.,. .Sureties on Administrator’s Bond for a Devastavit. — Deo. 4. APPEAL FROM HART CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal.
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Case 36' — Action by S. M. Payton, &c. against J. M. Craddock, &o.,. .Sureties on Administrator’s Bond for a Devastavit. — Deo. 4. APPEAL FROM HART CIRCUIT COURT. Judgment for Plaintiffs and Defendants Appeal. POINTS AND AUTHORITIES. 1. The statute of limitations begins to run against the sureties in the bond of a fiduciary in favor of a distributee devisee or creditor, from the accrual of the cause of action and -not before; and a cause of action does not “accrue” in favor of any such claimant against the sureties on the bond of fiduciaries until a liability has been ascertained and adjudged…
1Opinion of the Court
Opinion of the court by
JUDGE BURNAM
— Affirming.
On the 23d day of December, 1893, there came to the hands of B. C. Gardner, administrator de bonis non of the estate of James Earl, deceased, $2,004.11. In January, 1896, D. Yr. Browning, as guardian of two of the infant -children of deceased, instituted a suit against Gardner, *300as administrator, the widow, and the two remaining infant children, of the deceased, under section 428 of the Civil Code, for a settlement of decedent’s estate; and the case was referred to the master commissioner for this purpose, who reported that, after paying the debts…
2Cases cited10 opinions
- Lee v. WallerCourt of Appeals of Kentucky · 1860
- Holland v. LoweCourt of Appeals of Kentucky · 1897
- Murrell's adm'r v. McAllisterCourt of Appeals of Kentucky · 1881
- Emmerson's administrator v. HerrifordCourt of Appeals of Kentucky · 1871
- Jeeter v. DurhamCourt of Appeals of Kentucky · 1831
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3Cited by2 opinions
- McGovern v. RectanusCourt of Appeals of Kentucky · 1907
- Husband's Receiver v. Fidelity & Deposit Co.Court of Appeals of Kentucky · 1911