Terrell v. Rowland
Court of Appeals of Kentucky
Case 10 — PETITION EQUITY APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. To surcharge and falsify the settlement of a fiduciary, there must be specific allegations as to the items objected to. 2. A claim against an estate, created after the death of the decedent, need not bo verified, and the claimant is a competent witness to establish the claim.
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Case 10 — PETITION EQUITY APPEAL FROM M’CRACKEN COURT OF COMMON PLEAS. 1. To surcharge and falsify the settlement of a fiduciary, there must be specific allegations as to the items objected to. 2. A claim against an estate, created after the death of the decedent, need not bo verified, and the claimant is a competent witness to establish the claim. (Lucking’s Administrator v. Gegg, 12 Bush, 299; Berry v. Graddy, 1 Met., 558.) 3. Surviving partner may adjust and settle all outstanding claims, but can make no new contract to bind the partnership. (Darling v. Marsh, 22 Maine, 188; Collyer on…
1Opinion of the Court
JUDGE HOLT
delivered the opinion of the court.
Isaac Clark died testate in November, 1858, leaving Ms widow, Juliana Clark, and his five children, Fannie, who married the appellee, Reuben Rowland, Ora, Luella, Luther II. and Anna Clark, as his devisees. *69The last-named died intestate and without heirs in 1860.
The testator at the time of his death owned a large estate, consisting of lands in Illinois, and in some two or three counties in this State, town lots in the city of Paducah, and considerable personalty, but embracing no money. His indebtedness at that time was also considerable. He…
2Cases cited5 opinions
- Berry v. GraddyCourt of Appeals of Kentucky · 1859
- Overly's v. Overly's DeviseesCourt of Appeals of Kentucky · 1858
- Lucking's adm'r v. GeggCourt of Appeals of Kentucky · 1876
- Montague v. ReakertCourt of Appeals of Kentucky · 1869
- Bacon, McClardy & Co. v. Hutchings, Duncan & Co.Court of Appeals of Kentucky · 1869
3Cited by14 opinions
- Tolly v. ChampionCourt of Appeals of Kentucky · 1921
- Sweeney v. CommonwealthCourt of Appeals of Kentucky · 1904
- Bemiss v. Widows' & Orphans' Home of the Christian ChurchCourt of Appeals of Kentucky · 1921
- Trammell v. BlackburnTexas Supreme Court · 1927
- Cain's Administrator v. HubbleCourt of Appeals of Kentucky · 1919
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