Leach v. Kendall's Administrator
Court of Appeals of Kentucky
Case 42 — PETITION ORDINARY APPEAL PROM GRANT CIRCUIT COURT. The proof of the claim conformed to the requirements of the statute and Code. The proof by the witness Clark, that he knows, etc., was sufficient. (See Trabue’s ex’r v. Harris, 1 Met. 601.) The proof of the claim offered to the administrator when the demand is made, should be sufficiently comprehensive to warrant the payment of the debt.
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Case 42 — PETITION ORDINARY APPEAL PROM GRANT CIRCUIT COURT. The proof of the claim conformed to the requirements of the statute and Code. The proof by the witness Clark, that he knows, etc., was sufficient. (See Trabue’s ex’r v. Harris, 1 Met. 601.) The proof of the claim offered to the administrator when the demand is made, should be sufficiently comprehensive to warrant the payment of the debt. It should be so proven as to be held a proper voucher in the settlement of his accounts. (Gen. Stat., secs. 35, 36, 37, 38, 39, art. 11, chap. 39.) And when the claim is an account it must be proven…
1Opinion of the Court
JUDGE COFER
delivered the opinion oe the court.
“ All demands against the estate of a decedent shall be verified by the written affidavit of the claimant, or in his absence from the state, by his agent; or if dead, by his personal representative, stating that the demand is just, and has never, to his knowledge or belief, been paid, and that there is no offset or discount against the same, or any usury therein.” (Sec. 35, art. 2, chap. 39, Gen. Stat.) And section 39 of the same article and chapter provides, that “No demand against a decedent’s estate shall be paid by his personal representative,…
2Cited by8 opinions
- Dakota National Bank v. KleinschmidtSouth Dakota Supreme Court · 1914
- Prewitt v. WorthamCourt of Appeals of Kentucky · 1881
- Fain v. Turner's AdministratorCourt of Appeals of Kentucky · 1895
- Lancaster's Exor v. O'BrienCourt of Appeals of Kentucky · 1910
- Shanks v. StephensCourt of Appeals of Kentucky · 1885
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