Vance v. Vance's Admr.
Court of Appeals of Kentucky
.Case 53 — Action by S. B. Vance’s Admr. fob a 'Settlement of His Estate, in Which Nannie D. Vance and Others Intervene, Claiming Bent of Certain Beal Estate. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for the Administrator, and the Intervenors Appeal.
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.Case 53 — Action by S. B. Vance’s Admr. fob a 'Settlement of His Estate, in Which Nannie D. Vance and Others Intervene, Claiming Bent of Certain Beal Estate. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for the Administrator, and the Intervenors Appeal. QUESTIONS DISCUSSED AND AUTHORITIES CITED. .1. Upon the death of S. B. Vance, the title to his real estate and the right to possession thereof passed immediately to his heirs and they are entitled to the rents, issues and .profits thereof until the sale of the land at the instance of creditors is confirmed. Ball v. First Nat. Bank of…
1Opinion of the Court
Opinion of the court by,
JUDGE HOBSON
Reversing.
S. B. Vance died July 15, 1901, and on August 16th this suit was filed by his administrator to settle his estate. It was alleged in the petition that the decedent owned at his death several tracts of land, that the personalty was insufficient for the payment of his debts, and that a sale of the real estate would be necessary. A settlement of the estate was prayed, and a sale of so much of the real estate as might be necessary to pay the debts. In this condition of the record, on September 14th on motion of plaintiff, the adminis*522trator, it was…
2Cases cited6 opinions
- Newport & Cincinnati Bridge Co. v. DouglassCourt of Appeals of Kentucky · 1877
- Ball v. First National BankCourt of Appeals of Kentucky · 1882
- Taliaferro v. GayCourt of Appeals of Kentucky · 1879
- Collins v. RichartCourt of Appeals of Kentucky · 1879
- Mayfield v. WrightCourt of Appeals of Kentucky · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Elliott's Admr. v. BushCourt of Appeals of Kentucky · 1881
- Evans' Administrator v. Clinton BankCourt of Appeals of Kentucky (pre-1976) · 1932