Warfield v. Brand's adm'r
Court of Appeals of Kentucky
Case 13 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT. 1. That there was no vacancy when Scott was appointed administrator, with the will annexed, of William M. Brand, dec’d, and hence the order appointing him was void ab initio. (Ewing v. Sneed, 5 J. J. Mar. 459, and cases there cited.) 2. That Warfield, as surety on the bond of Scott as administrator, is only bound by its express covenants and for acts performed by Scott virtute officii.
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Case 13 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT. 1. That there was no vacancy when Scott was appointed administrator, with the will annexed, of William M. Brand, dec’d, and hence the order appointing him was void ab initio. (Ewing v. Sneed, 5 J. J. Mar. 459, and cases there cited.) 2. That Warfield, as surety on the bond of Scott as administrator, is only bound by its express covenants and for acts performed by Scott virtute officii. (Grimes v. Clay, 4 Litt. 6, and note; Oldham v.. Collins, 4 J. J. Marsh. 49; McCampbell v. Gilbert, 6 Ibid. 592; Slaughter v. Froman, 2 Mon. 95;…
1Opinion of the Court
JUDGE GOFER
delivered the opinion oe the court.
William M. Brand, by his last will and testament, published November 10, 1845, and admitted to probate in the county court of Fayette County during that year, devised to his wife, Harriet W. Brand, his house and adjacent grounds, consisting of about twenty-four acres, situated in the suburbs of Lexington ; also his household furniture, all the personal property used about the house, and his household servants, for and during her natural life or widowhood; and in case she should marry again, she was to have one third of his estate for life. He gave…
2Cases cited11 opinions
- Conklin v. Egerton's AdministratorNew York Supreme Court · 1839
- Jacobs's adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1874
- Clay v. HartCourt of Appeals of Kentucky · 1838
- Neely v. MerrittCourt of Appeals of Kentucky · 1872
- Helm v. Darby's AdministratorCourt of Appeals of Kentucky · 1835
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Yager's Adm'r v. President of Bank of KentuckyCourt of Appeals of Kentucky · 1907
- Young, Etc. v. Bankers' Trust Co.'s ReceiverCourt of Appeals of Kentucky (pre-1976) · 1933
- Costigan v. KrausCourt of Appeals of Kentucky · 1914
- Major v. HerndonCourt of Appeals of Kentucky · 1879
14 more not listed; retrieve them via the Exa API.