Cloudas' v. Adams
Court of Appeals of Kentucky
Pet. & Sum. From the Circuit Court eor Boone County. Statement of the case‘ Real estate devi-, the payment debts, and mon-, . ey raised by the sale of estate so devised, are equitable assets, constituting a trust fund, in the hands of the executor, subject to the control of the chancellor, and distributable amongthe' creditors, pro rata, without regard to the dignity of their claims. 4-n ex’or is not chargeable, - hi the trial of an issue upon a plea of plene administramt,…
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Pet. & Sum. From the Circuit Court eor Boone County. Statement of the case‘ Real estate devi-, the payment debts, and mon-, . ey raised by the sale of estate so devised, are equitable assets, constituting a trust fund, in the hands of the executor, subject to the control of the chancellor, and distributable amongthe' creditors, pro rata, without regard to the dignity of their claims. 4-n ex’or is not chargeable, - hi the trial of an issue upon a plea of plene administramt, with money raised by -__ *fatedevisedfor the payment of fssetsi^Proof that the legal as sets have been fully…
1Opinion of the Court
Judge Ewing
delivered the opinion of the Court.
Pitman Cloudas made his last will and testament, in which he directed all his estate, real and personal, to be sold for the payment of his debts, and devised the res-due, if any, after the payment of his debts, to his wife, Joice Cloudas, and appointed her his executrix, with full power to make sales and conveyances, for the purposes aforesaid. After his death, his executrix took upon her the execution of the will, and sold a lot of ground for seven hundred and fifty dollars, and collected the .money.
Alison Adams brought a petition and summons, in…
2Cases cited1 opinion
- Helm v. Darby's AdministratorCourt of Appeals of Kentucky · 1835
3Cited by5 opinions
- Warfield v. Brand's adm'rCourt of Appeals of Kentucky · 1877
- Costigan v. KrausCourt of Appeals of Kentucky · 1914
- Grider v. PayneCourt of Appeals of Kentucky · 1839
- Speed's v. Nelson'sCourt of Appeals of Kentucky · 1848
- Ducker's Heirs v. Stubblefield's HeirsCourt of Appeals of Kentucky · 1849