Smith v. Louisville Trust Co.

Opinion op the Court by

Van Sant, Commissioner

Reversing.

The action was instituted by Louisville Trust Company and Citizens Fidelity Bank & Trust Company (formerly Fidelity & Columbia Trust Company), co-administrators with the Will Annexed of the Estate of John A. O’Brien, Deceased, against Patricia R. O’Brien (now Smith), and two beneficiaries of specific bequests who are not parties to this appeal because their bequests have been paid in full. The action was for a settlement of the estate of John A. O’Brien, and was instituted under purported authority of Section 428 of the Civil Code of…