Legal Opinion

Morawick v. Martineck's Guardian

Court of Appeals of Kentucky

Decided February 12, 1908PublishedCited by 25 opinions

CASE 15. — ACTION BY ERNEST MORAWICK AND OTHERS FOR A SETTLEMENT OF THE ESTATE OF JULIUS MARTINECK DECEASED IN WHICH ALVINA MARTINECK BY HER GUARDIAN FILES ANSWER AND SEEKS TO RECOVER CERTAIN. BONDS.— Appeal from Jefferson Circuit Cfoui't; (Chancery Branch, First Division). Skackelford Miller, Judge.

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CASE 15. — ACTION BY ERNEST MORAWICK AND OTHERS FOR A SETTLEMENT OF THE ESTATE OF JULIUS MARTINECK DECEASED IN WHICH ALVINA MARTINECK BY HER GUARDIAN FILES ANSWER AND SEEKS TO RECOVER CERTAIN. BONDS.— Appeal from Jefferson Circuit Cfoui't; (Chancery Branch, First Division). Skackelford Miller, Judge. From the judgment plaintiffs appeal- — CLASSIFICATIONS OF QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. The verdict of a jury on an issue out of chancery does not have the force of a verdict of a properly instructed jury in a common law action, and where the chancellor merely follows the verdict,…

1Opinion of the Court

. Opinion of the Court by

Judge Carroll

Affirming.

On February 17,1905, Julius Martineck. died estate in Jefferson- county. He nominated the appellant *160Morawiclc as executor of his will, and in this action, brought by the executor to settle the estate, the only child of Julius Martineck by her guardian filed an answer and counterclaims, in which she charged that the testator at the time of his death owned five Louisville & Nashville Railroad bonds known as “L. & N. collateral trust,” each of the par value of $1,000, and worth that sum at the time of the testator’s-death. She averred that the…

2Cases cited5 opinions

  1. Wilson v. Nichols & Shepherd Co.Court of Appeals of Kentucky · 1906
  2. Hill v. Phillips' Adm'rCourt of Appeals of Kentucky · 1888
  3. Reese's Admr. v. YoutseyCourt of Appeals of Kentucky · 1902
  4. McMakin v. StrattonCourt of Appeals of Kentucky · 1884
  5. Lee v. BeattyCourt of Appeals of Kentucky · 1839

3Cited by25 opinions

  1. Winchester v. WatsonCourt of Appeals of Kentucky · 1916
  2. Garvey v. GarveyCourt of Appeals of Kentucky · 1913
  3. Victor Cotton Oil Co. v. City of LouisvilleCourt of Appeals of Kentucky · 1912
  4. Gibson v. RogersCourt of Appeals of Kentucky (pre-1976) · 1937
  5. Lewis v. HeltonCourt of Appeals of Kentucky · 1911

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