Legal Opinion

Chorn v. Chorn's Administrator

Court of Appeals of Kentucky

Decided January 29, 1896PublishedCited by 7 opinions

Case 98 — PETITION EQUITY — APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. The personal property claimed by and allowed to the widow was the property of the estate of James Chorn, and the widow should be compelled to account for it. (Craddock v. Riddlesberger, 2 Dana, 205; Penn v. Young, 10 Bush, 628; Moreland, &c., v. Myall, &e., 14 Bush, 475.) 2. The claim for rent of land should have been disallowed.

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Case 98 — PETITION EQUITY — APPEAL FROM MONTGOMERY CIRCUIT COURT. 1. The personal property claimed by and allowed to the widow was the property of the estate of James Chorn, and the widow should be compelled to account for it. (Craddock v. Riddlesberger, 2 Dana, 205; Penn v. Young, 10 Bush, 628; Moreland, &c., v. Myall, &e., 14 Bush, 475.) 2. The claim for rent of land should have been disallowed. If the wife had any separate estate, it was only 27 acres. 3. The attorneys were not entitled to an allowance to be paid out of the estate of James Chorn. The attorneys having undertaken to…

1Opinion of the CourtChief Justice Pryor

James Ckorn died in the county of Montgomery, in the month of August, of the year 1888. He left no children, but his widow, Mary W. Chorn, survived him and qualified as his personal representative. She instituted an action in the Montgomery Circuit Court for a settlement of his estate, and, during the progress of that litigation, many claims were presented by his- creditors for payment, and some of them, being contested below, are now the subjects of this appeal.

His heirs at law, consisting of a brother and sister and the-children of a brother and sister deceased, were defendants to the…

2Cases cited5 opinions

  1. Maraman's Administrator v. MaramanCourt of Appeals of Kentucky · 1862
  2. Adkisson v. DentCourt of Appeals of Kentucky · 1889
  3. Bondurant v. AppersonCourt of Appeals of Kentucky · 1862
  4. Banton v. Campbell's HeirsCourt of Appeals of Kentucky · 1834
  5. Carter v. CarterCourt of Appeals of Kentucky · 1867

3Cited by7 opinions

  1. Tolly v. ChampionCourt of Appeals of Kentucky · 1921
  2. Autry v. AutryCourt of Appeals of Kentucky · 1921
  3. Schwartz v. O'ConNellAppellate Court of Illinois · 1936
  4. Caudill Coal Co. v. Charles Rosenheim & Co.Court of Appeals of Kentucky · 1924
  5. Smith's v. JohnsCourt of Appeals of Kentucky · 1913

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