Legal Opinion

Adams' Ex'or v. Bement

Court of Appeals of Kentucky

Decided December 13, 1894PublishedCited by 3 opinions

Case 51 — PETITION EQUITY — APPEAL PROM HENDERSON CIRCUIT COURT. 1. The ruling of the lower court that the gift of the insurance and the transfer as collateral of the government claim were intended in part to indemnify Jno. 0. Adams against loss as surety for and creditor of his father, and, therefore, that he should' not be allowed to prove any then existing claims against his father’s estate, was clearly error, as was also the subsequent refusal to allow appellant’s claim…

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Case 51 — PETITION EQUITY — APPEAL PROM HENDERSON CIRCUIT COURT. 1. The ruling of the lower court that the gift of the insurance and the transfer as collateral of the government claim were intended in part to indemnify Jno. 0. Adams against loss as surety for and creditor of his father, and, therefore, that he should' not be allowed to prove any then existing claims against his father’s estate, was clearly error, as was also the subsequent refusal to allow appellant’s claim as reported by the commissioner. (Insurance Law, Act of March 10th, 1870; Thompson v. Cundiif, 11 Bush, 567; Stokes v.…

1Opinion of the Court

JUDGE LEWIS

DELIVERED THE OPINION OF THE COURT.

Joseph Adams having died July 19, 1884, intestate, J. C. Adams, his son, was appointed administrator, *336and August 3, 1885, brought this action to settle his estate, alleged to be insolvent. July 10, 1888, C. R. Bement being, upon his petition, made party-defendant, filed an answer and cross-petition, in which he stated that, May 7, 1885, E. S. Adams’ widow recovered of him judgment for her dower interest, of value about six thousand five hundred dollars, in a tract of land sold and conveyed to him by Joseph Adams in 1880, whereby and for which…

2Cited by3 opinions

  1. Commonwealth v. HightowerCourt of Appeals of Kentucky · 1912
  2. Clevinger v. NunneryCourt of Appeals of Kentucky · 1910
  3. Carpenter's Administrator v. DemoiseyCourt of Appeals of Kentucky (pre-1976) · 1931

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