Turley's Administrator v. Barnes
Court of Appeals of Kentucky
Case IS — PETITION EQUITY — APPEAL FROM MONTGOMERY CIRCUIT COURT. X. Personal representatives are liable for the management of their trusts as bailees and agents are generally, and must answer, and only answer, for such losses as are occasioned by actual or constructive negligence, or wilful misconduct; in this case the allegations of the petition conclusively negative the existence of any single element of negligence, actual or constructive.
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Case IS — PETITION EQUITY — APPEAL FROM MONTGOMERY CIRCUIT COURT. X. Personal representatives are liable for the management of their trusts as bailees and agents are generally, and must answer, and only answer, for such losses as are occasioned by actual or constructive negligence, or wilful misconduct; in this case the allegations of the petition conclusively negative the existence of any single element of negligence, actual or constructive. Vol. 2, Leading Cases in Equity, X79X; Tuggle v. Gilbert, X Duval, 340; Henning v. Jones, X2 Bush, 504; Philadelphia Finance Co. v. The-Estate of Law,…
1Opinion of the Court
JUDGE BURNAM
delivered tiie opinion oe the court.
The parties to the records in these two cases being the same, the petitions being the same except as to the amount in controversy, and the two cases having been heard together and each having been dismissed on special demurrer to the jurisdiction -of the court, and the legal question involved being the same in both cases, we will consider them together.
The petition alleges that -while appellant was acting as administrator of Mahala Turley and as administrator, with the will annexed, of James Turley, deceased, he made a (settlement of his…
2Cited by12 opinions
- Caplinger v. PritchardCourt of Appeals of Kentucky · 1910
- Harper v. LambCourt of Appeals of Kentucky · 1924
- Bohn v. Bohn's GuardianCourt of Appeals of Kentucky (pre-1976) · 1929
- Little v. StrowCourt of Appeals of Kentucky · 1902
- Commonwealth, for Use, Etc. v. Clark, SheriffCourt of Appeals of Kentucky (pre-1976) · 1926
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