May v. Smith's Admr.

Opinion of the Court by

Judge Carroll

— Reversing.

Mrs. Diana Smith died intestate in Boyd county in 1912, and the appellee, R. L. Calloway, was granted letters of administration on her estate. Thereafter this suit was brought by her heirs at law to recover from the administrator $1,471.24 that he had wrongfully paid, as they alleged, to discharge a street improvement claim of the city of Catlettsburg. The lower court dismissed the petition and the heirs appeal.

It appears from the record- that in 1908 Mrs. Smith, who then owned several houses and lots in Catlettsburg, as well as a tract of land…