Dewhurst v. Shepherd's
Court of Appeals of Kentucky
Case 38 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. I. The affidavit of the claimant and the witness, Phelps, were in accordance with the requirements of the statute, and the claim should have been allowed. 1. The affidavit of the witness, Phelps, fails to 'give the reasons why he believes the claim of appellant to be just, and is therefore 'insufficient under the provisions of section 3870, of the Kentucky Statutes. 2. The exceptions filed by appellee put the…
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Case 38 — PETITION EQUITY APPEAL FROM BULLITT CIRCUIT COURT. I. The affidavit of the claimant and the witness, Phelps, were in accordance with the requirements of the statute, and the claim should have been allowed. 1. The affidavit of the witness, Phelps, fails to 'give the reasons why he believes the claim of appellant to be just, and is therefore 'insufficient under the provisions of section 3870, of the Kentucky Statutes. 2. The exceptions filed by appellee put the burden of establishing his .claim on the appellant, and the transcript filed fails to show that any evidence was heard in…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
In August, 1893, R. C. Shepherd, executor of John H. Shepherd, brought an action in the Bullitt Circuit Court, seeking a settlement of the estate of said John EL Shepherd, and said action was referred to the master commissioner to take proof of claims, etc.
The appellant, John Dewhurst, filed a claim with the commissioner against the estate for the sum of $294 in gross, the items composing said account are not shown at all. *240Tbe claimant, Dewhurst, verifies said account as the law directs, and the affidavit of the only witness, W. J. Phelps, states…
2Cited by6 opinions
- Johnson's Administrator v. PiggCourt of Appeals of Kentucky (pre-1976) · 1932
- Crane & Breed Mfg. Co. v. Stagg's Adm'rCourt of Appeals of Kentucky · 1909
- Commonwealth v. FiliatreauCourt of Appeals of Kentucky · 1915
- Lancaster's Exor v. O'BrienCourt of Appeals of Kentucky · 1910
- First National Bank of Prestonsburg v. SellardsCourt of Appeals of Kentucky (pre-1976) · 1934
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