Carter v. Crow's Admr.
Court of Appeals of Kentucky
CASE 5. — JOHN M. CARTER FILED EXCEPTIONS TO THE CONFIRMATION OF A SALE TO HIM BY THE ADMINISTRATOR OF O. J. CROW. DECEASED, IN THE SETTLEMENT OF DECEDENT’S ESTATE— Appeal from Lincoln Circuit Court. W. C. Bell, Circuit Judge.
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CASE 5. — JOHN M. CARTER FILED EXCEPTIONS TO THE CONFIRMATION OF A SALE TO HIM BY THE ADMINISTRATOR OF O. J. CROW. DECEASED, IN THE SETTLEMENT OF DECEDENT’S ESTATE— Appeal from Lincoln Circuit Court. W. C. Bell, Circuit Judge. Judgment confirming sale and Carter appeals— 1. The judgment directing a sale of the land was premature. 2. No proof was taken to sustain the allegations of the petition, as required by Civil Code sub-section 1 of section 126. 3. No proof was- taken to show the land was indivisible or that it was necessary to sell the 'whole of it to pay the debts of the decedent. 4.-…
1Opinion of the Court
Opinion of the Court by
Judge Settle —
Reversing.
In June, 1906, O. J. Crow died intestate. In July following Ms administrator filed suit for a settlement of Ms estate. The petition alleged that decedent left personal property of the value of less than $3,000; that he owed a mortgage debt of about $8,000; that he owned a farm of 156% acres; and that it was necessary to sell same to pay his debts and settle Ms estate. Upon the filing of the petition, the clerk referred the case to the commissioner to hear the proof of claims, as authorized by section 430 of the Civil Code of Practice. In his…
2Cases cited2 opinions
- Elliott v. FowlerCourt of Appeals of Kentucky · 1901
- Farmers Bank v. PeterCourt of Appeals of Kentucky · 1878
3Cited by9 opinions
- Soper v. FosterCourt of Appeals of Kentucky (pre-1976) · 1932
- Luscher v. Julian's AdministratorCourt of Appeals of Kentucky · 1917
- Jones v. KeenCourt of Appeals of Kentucky (pre-1976) · 1942
- Beavers v. NelsonCourt of Appeals of Kentucky · 1913
- Carpenter v. JulianCourt of Appeals of Kentucky · 1918
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