Hite's Administrator v. Gibson

Opinion op the Court by

Drury, Commissioner

Reversing.

A demurrer was sustained to plaintiff’s petition, it was dismissed, and he has appealed.

On March 31, 1932, Henry Hite died in Warren county, Ky., and, it is said in briefs, but not in the record, that shortly thereafter a paper was, by the Warren^ county court, probated as his will. It is alleged that Cain Gibson is claiming to have been qualified as executor thereof and is attempting so to act. It is alleged that on August 22, 1932, appellant Sim Calloway was by the Logan county court duly appointed and qualified as the administrator of the…