Clark's Adm'r v. Farmer's Nat. Bank
Court of Appeals of Kentucky
CASE 72 — ACTION BY FRANCIS CLARK’S ADMINISTRATOR AGAINST THE FARMERS’ NATIONAL BANK OF RICHMOND, KY., INVOLVING THE OWNERSHIP OF A DEMAND BANK DEPOSIT. Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge.
Read the full summary
CASE 72 — ACTION BY FRANCIS CLARK’S ADMINISTRATOR AGAINST THE FARMERS’ NATIONAL BANK OF RICHMOND, KY., INVOLVING THE OWNERSHIP OF A DEMAND BANK DEPOSIT. Appeal from Madison Circuit Court. J. M. Benton, Circuit Judge. From the judgment plaintiff appeals. 1. Although under the common law, an executor of an executor became the executor of the first testator, this rule in this State has long since been abrogated- by statute, so thiait even the executor of an executor cannot now administer the estate of the first testator, but an administrator de bonis non must now be appointed for the estate of…
1Opinion of the Court
OlNION OF THE COURT BY
JlTDGE BARKER
ReveOTSing.
In 1882, J. W. Gregory, who was then the sole executor of the estate of Francis Clark, deceased, deposited in the Farmers’ National Bank of Richmond, Ky., the sum of $500. Afterwards Gregory died, and W. O. Goodloe was appointed and qualified as his administrator. In 1884 Goodloe, as administrator, drew his check on the hank for the sum deposited therein to the credit of his decedent as executor, and the same was paid over to him. Subsequently, in 1904, appellant, W. D. Gregory, was appointed and qualified as administrator de bonis non with the…
2Cases cited2 opinions
- Beall v. New MexicoSupreme Court of the United States · 1873
- Warfield v. Brand's adm'rCourt of Appeals of Kentucky · 1877
3Cited by7 opinions
- Dorman, Banking Commissioner v. AdamsCourt of Appeals of Kentucky (pre-1976) · 1932
- Robinson v. First Nat. BankCourt of Appeals for the Fifth Circuit · 1932
- Gould v. Bank of IndependenceCourt of Appeals of Kentucky (pre-1976) · 1936
- Corbin Banking Co. v. BryantCourt of Appeals of Kentucky · 1912
- Robinson v. City Nat. Bank of ColoradoDistrict Court, N.D. Texas · 1931
2 more not listed; retrieve them via the Exa API.