Linthecum v. Vowels' Exr.
Court of Appeals of Kentucky
Case 40 — 'Action by J, C. Linthecum and Others against Thomas Vowels Executor, for a Settlement of the Estate and an Accounting, &c. APPEAL FROM DAVIESS CIRCUIT COURT-T. F. BIRKH'EAD, circuit JUDGE.
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Case 40 — 'Action by J, C. Linthecum and Others against Thomas Vowels Executor, for a Settlement of the Estate and an Accounting, &c. APPEAL FROM DAVIESS CIRCUIT COURT-T. F. BIRKH'EAD, circuit JUDGE. Judgment for Defendant and Plaintiff Appeals. 1. There is no rule of law which will prohibit any one of the heirs or devisees from instituting an action against the executor or administrator immediately, after his commission of a breach of his trust. 2. It is charged in the original petition in this suit that the executor refused to “have appraised, advertised or sold” all the personal estate of…
1Opinion of the Court
OPINION op the court by
CHIE'P JUSTICE BURNAM
Affirming.
'The will of Thos. Vowels, a citizen and resident of Daviess county, was probated by the Daviess county court on the 16th of November, 1903, and his son, Tavian Vowels, the named executor thereof, qualified by taking the oath and executing the bond required by law. Appraisers were promptly appointed, and on the 24th of November, 1903, thereafter, filed an inventory and appraisement of the personal estate of decedent in the county court clerk’s office, attested ■by the executor as required by law. On the 14th of December thereafter the…
2Cases cited3 opinions
- Brand's Exr. v. BrandCourt of Appeals of Kentucky · 1901
- Holland v. LoweCourt of Appeals of Kentucky · 1897
- Trimble's Ex'r v. LebusCourt of Appeals of Kentucky · 1893