Clark v. Pepper's Admr.
Court of Appeals of Kentucky
Appeal from Fleming Circuit Court. James P. Harbeson, Circuit Judge. The sole ground upon which Joseph Pepper’s administrator hopes to escape liability, under this action, is that the decedent, Joseph S. Pepper, was represented by counsel, to-wit, John P. MeCartney and W. G. Bearing, and having chosen his own counsel and his own course in regard to said- litigation, he can not be made liable* in contribution, for attorney’s fees- and expenses of appellants.
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Appeal from Fleming Circuit Court. James P. Harbeson, Circuit Judge. The sole ground upon which Joseph Pepper’s administrator hopes to escape liability, under this action, is that the decedent, Joseph S. Pepper, was represented by counsel, to-wit, John P. MeCartney and W. G. Bearing, and having chosen his own counsel and his own course in regard to said- litigation, he can not be made liable* in contribution, for attorney’s fees- and expenses of appellants. AUTHORITIES CITED. Ky. Stats., section 489; Trustee v. Greenough, U. S. Rept. Bk. 26, p. 1157; Central R. R. Co-, v. Pettus, U. S. Rept.…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Reversing.
"Wesley B. Pepper died testate in Fleming county in the year 1897, the owner of a considerable estate. By his will, which was duly admitted to probate, Ms brother, Enoch S. Pepper, was made executor. He qualified as executor and filed a suit in the Fleming circuit court for the construction- of the will. The testator was a bachelor, and his property went to Enoch S. Pepper, his brother, Jos. S. Pepper, and the descendants of two sisters. A litigation- ensued in which the children of the two sisters sought to charge Enoch S. Pepper with a large…
2Cases cited5 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
- Bailey's Admrs. v. BarclayCourt of Appeals of Kentucky · 1901
- Thirlwell's adm'r v. CampbellCourt of Appeals of Kentucky · 1874
- Louisville Presbyterian Theo. Sem. v. BottoCourt of Appeals of Kentucky · 1904
3Cited by6 opinions
- Re Faling EstateOregon Supreme Court · 1924
- O'Doherty & Yonts v. BickelCourt of Appeals of Kentucky · 1915
- Taylor v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1928
- Burley Tobacco Co. v. VestCourt of Appeals of Kentucky · 1915
- Raisor v. BurkettCourt of Appeals of Kentucky · 2007
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