Grigsby's Guardian v. Cocke's Ex'r
Court of Appeals of Kentucky
Case 44 — APPEAL PROM COUNTY COURT APPEAL FROM CLARK CIRCUIT COURT. 1. The county court may, at any time, when demanded by some one interested in the estate, require of an executor bond, with surety, although the will may direct that surety shall not be required, and the court may act either upon the evidence produced or “• from its personal knowledge.” (Gen. Stats., chap. 39, art. 1, sec. 4; Eastin’s Ex’r v._ Spratt, &e., MS. Op.
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Case 44 — APPEAL PROM COUNTY COURT APPEAL FROM CLARK CIRCUIT COURT. 1. The county court may, at any time, when demanded by some one interested in the estate, require of an executor bond, with surety, although the will may direct that surety shall not be required, and the court may act either upon the evidence produced or “• from its personal knowledge.” (Gen. Stats., chap. 39, art. 1, sec. 4; Eastin’s Ex’r v._ Spratt, &e., MS. Op. (note to Gen. Stats.); Atwood’s Ex’r v. Helm, &c., 7 Bush, 504). Therefore, neither the circuit court nor this court can undertake to revise its action. 2. Aside…
1Opinion of the Court
JUDGE BENNETT
Delivered the opinion of the court.
Tlie appellant, as guardian of the infant legatees of appellee’s testatrix, Amanda M. Cocke, moved the Clark county court to require the appellee to execute bond, with security, for the faithful performance of his duties as executor of the last will of Amanda M. Cocke, he, by the provisions of the will, having qualified as executor, without executing bond for the faithful discharge of his duties. The county court having required the appellee to execute bond with security, for the faithful discharge of his duties as executor, and he having…
2Cited by4 opinions
- Keach v. McDonaldSupreme Court of Kansas · 1937
- Harrison v. BaileyCourt of Appeals of Texas · 1953
- In re F. Dobert & SonDistrict Court, W.D. Texas · 1908
- In re Estate of WilsonColumbiana County Probate Court · 1913