Atchison's Heirs v. Lindsey
Court of Appeals of Kentucky
Error to the Fayette Circuit. Chancery. Case 21. Case stated in the bill. Answer of Lindsey. ■A bill in chancery may be entertained in this State, against one who is an administrator jin South Carolina, who has received “rents accruing since the death of the intestate, or for rents owing for the use of his lands since his death, where the heirs are infants, and reside in Kenluc'ky such an one will be regarded as a trustee.
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Error to the Fayette Circuit. Chancery. Case 21. Case stated in the bill. Answer of Lindsey. ■A bill in chancery may be entertained in this State, against one who is an administrator jin South Carolina, who has received “rents accruing since the death of the intestate, or for rents owing for the use of his lands since his death, where the heirs are infants, and reside in Kenluc'ky such an one will be regarded as a trustee. The law of the domicil of one dying intestate, is to} govern the distribution of assets, wherever they be. A foreign adm’r. found in Kentucky, is responsible here to…
1Opinion of the Court
Judue Marshall
delivered the opinion of the Court.
This bill was filed by the infant heirs and administrator of the domicil of John Atchison, deceased, a citizen of Kentucky, and domiciled here at the time of his death, against James Lindsey, who administered on the estate of the decedent, in South Carolina, but is himself a resident and citizen of Kentucky. The bill alledges that Lindsey, as administrator in South Carolina, had there received assets to a large amount, consisting of slaves and their hire, debts, choses in action, and money ; that he had himself occupied parts of the real…
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