Berg v. Berg's Administrator
Court of Appeals of Kentucky
Case 10 — IN EQUITY 1. At the time of the injury and verdict there was no provision as to the disposition of the funds recovered; and before the affirmance and payment, an act was passed (Sec. 6, Ky. Stat.) by which the entire recovery in a case like that at bar, passed to the mother. This act controlled the distribution of the amount of the recovery.
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Case 10 — IN EQUITY 1. At the time of the injury and verdict there was no provision as to the disposition of the funds recovered; and before the affirmance and payment, an act was passed (Sec. 6, Ky. Stat.) by which the entire recovery in a case like that at bar, passed to the mother. This act controlled the distribution of the amount of the recovery. Givens v. Kentucky Central Railway Co., 89 Ky., 231; Armstrong v. Armstrong, 1 Ore., 209. 2. If the old statute of descent is to govern the distribution, then the mother’s share was two-thirds, the sisters of the decedent being sisters of the…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of the court.
On October 4, 1890 August Berg died intestate and without issue, leaving as his heirs at law the appellant (his mother), Catharine Berg, and four half-sisters, to wit, Emma Berg, Louisa Deitzel,' Augusta Burns, and Matilda Kraft. An action was instituted by August Berg’s personal representative to recover damages resulting from an injury which was adjudged to have been inflicted by the negligence and carelessness of a railroad company. It was an action under section 1, c. 57, Gen. Stat. The judgment was recovered in 1893, from which an appeal…
2Cited by12 opinions
- Green v. GreenCourt of Appeals of Kentucky · 1913
- Arnold v. TurekWest Virginia Supreme Court · 1991
- Turner v. EwaldCourt of Appeals of Kentucky (pre-1976) · 1942
- Matter of Estate of ParsonsSupreme Court of Iowa · 1978
- Hooe v. HooeCourt of Appeals of Kentucky · 1906
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