Ferguson v. Ferguson

COOPER, Judge.

This is an appeal from an order of the circuit court affirming the district court’s appointment of the appellee as administra-trix of the estate of William O. Ferguson. The issue presented herein is whether the circuit court erred, as a matter of law, in determining that such appointment was valid under KRS 395.040(1), and not subject to collateral attack either by the district court or by the appellant. KRS 403.120(2). On review, we uphold the judgment of the circuit court.

The decedent, William O. Ferguson, died intestate in June of 1979. He was survived by his only child,…