Alexander's Guardian v. Alexander's Administrator
Court of Appeals of Kentucky
Case 91-PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The widow is entitled to the personal estate of the decedent which is exempt from distribution. It was, therefore, error to divide the fund in controversy between the widow and the infant child of the decedent. (General Statutes, chapter 31, section 11; Miller v. Miller, G Ky. Law Pep., 738; Burgett v. Clai-li, 4 ICy.
Read the full summary
Case 91-PETITION EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. The widow is entitled to the personal estate of the decedent which is exempt from distribution. It was, therefore, error to divide the fund in controversy between the widow and the infant child of the decedent. (General Statutes, chapter 31, section 11; Miller v. Miller, G Ky. Law Pep., 738; Burgett v. Clai-li, 4 ICy. Law Kep., 518.) The fund in controversy was properly divided between the widow and infant child of the decedent. It was never contemplated by the statute that the widow of a decedent, by refusing to allow his infant…
1Opinion of the CourtChief Justice Pryor
Uucien Alexander died, leaving liis widow and a ¿Mid, five years old, by a former wife, surviving him. The child lived with its' grand-parents or the kindred *689■of its father, and when the appraisers were called on to set apart the property exempt from distribution, the ■question arose as to the rights of the mother and her step-child in-this exempted estate.
The court below gave to the infant one-half, and of this the widow, who is also an infant, by her guardian ■complains. I
Tire statute expressly provides that if there is an' infant child or children and no mother surviving, the infants shall…
2Cited by3 opinions
- Crain v. WestCourt of Appeals of Kentucky · 1921
- Thaxton's Guardian v. WaltersCourt of Appeals of Kentucky · 1908
- Harris' Admr. v. AdamsCourt of Appeals of Kentucky · 1904