Legal Opinion

McKnoll v. Wear's Admr.

Court of Appeals of Kentucky

Decided June 27, 1867Published

APPEAL EROM MASON CIRCUIT COURT.

1Opinion of the Court

Opinion oe the Court by

Judge Hardin:

It is the duty of a claimant, before commencing an action against a personal representative on an account against the estate of a decedent, to demand its payment and accompany the demand with proof of the account, as well as with his own affidavit, one *448of the objects of the law being to furnish the personal representative with a proper voucher by which he can obtain credit in his settlement, by the payment when made. If proof of the claim can only be made by the personal representative, and he being required shall refuse to make the requisite affidavit,…

2Cases cited1 opinion

  1. Trabue's v. HarrisCourt of Appeals of Kentucky · 1859

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