Harris' Admr. v. Adams
Court of Appeals of Kentucky
Case 45 — Action by Bessie Adams by Guardian, &c. against M. E. Harris’ Admr. to Surcharge a Settlement. APPEAL FROM TODD CIRCUIT ■ COURT. Judgment for Plaintiff and Defendant Appeals. POINT'S AND AUTHORITIES. 1. The revised statute and the general statutes differ in phraseology as to property exempted from distribution.
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Case 45 — Action by Bessie Adams by Guardian, &c. against M. E. Harris’ Admr. to Surcharge a Settlement. APPEAL FROM TODD CIRCUIT ■ COURT. Judgment for Plaintiff and Defendant Appeals. POINT'S AND AUTHORITIES. 1. The revised statute and the general statutes differ in phraseology as to property exempted from distribution. This case arose under the general statutes. 2. The revised statutes contain these wiords: “For the use and benefit of herself .and the infant children of the intestate, if any, residing with her.” .Said language is entirely omitted in the general statutes. ' 3. By the general…
1Opinion of the Court
Opinion op the court by
CHIEF JUSTICE BURNAM
Reversing.
P. S. Greenfield died a resident of Todd county, Ky., on the 31st day of October, 1885, intestate, leaving a widow and two children, a homestead of less value than $1,000, and a small amount of personal property, all of which under the statute was exempt from execution. It consisted of two mules, a cow, and a few articles of household furniture. On ■the 22nd of October, 1890, the widow, M. E. Greenfield, married R. L. Harris, and from that time until her death, on the 28th of December, 1891, they occupied the homestead which had belonged to…
2Cases cited5 opinions
- Carpenter v. HazelriggCourt of Appeals of Kentucky · 1898
- Mallory's Adm'rs v. Mallory's Adm'rCourt of Appeals of Kentucky · 1891
- Wilson v. Parson's AdministratorCourt of Appeals of Kentucky · 1899
- Alexander's Guardian v. Alexander's AdministratorCourt of Appeals of Kentucky · 1888
- Hall v. New Farmers' Banks' TrusteeCourt of Appeals of Kentucky · 1895
3Cited by1 opinion
- In re the Estate of MaxeyMissouri Court of Appeals · 1979