Overly's v. Overly's Devisees
Court of Appeals of Kentucky
CASE 24. APPEAL FROM FLEMING CIRCUIT COURT. The facts appear in the opinion of the court. Upon the principles of the common law, which have never been repealed by any statute of this state, any matter in controversy may be submitted to arbitration. An executor is a trustee, and if he acts in good faith he should be sustained. There is no principle of the law which prohibits a fiduciary from submitting any matter in controversy to arbitration.
Read the full summary
CASE 24. APPEAL FROM FLEMING CIRCUIT COURT. The facts appear in the opinion of the court. Upon the principles of the common law, which have never been repealed by any statute of this state, any matter in controversy may be submitted to arbitration. An executor is a trustee, and if he acts in good faith he should be sustained. There is no principle of the law which prohibits a fiduciary from submitting any matter in controversy to arbitration. The exception that the other devisees had no notice of the time of the meeting of the arbitrators, is wholly untenable. The evidence given before the…
1Opinion of the Court
JUDGE SIMPSON
delivered the opinion op the court:
In this case an exception was filed in the county court to an executor’s settlement, but was overruled and the settlement sustained. An appeal was prayed to the circuit court, and the judgment of the county court was reversed. From the decision of the circuit court the executor has appealed to this court.
Only one item in the settlement was objected to. That item was a credit allowed the executor for a demand against the estate of his testator, which he had paid, and for which, the devisees contend, the'estate was not justly liable.
By a written…
2Cases cited1 opinion
- Rudd v. JonesCourt of Appeals of Kentucky · 1836
3Cited by25 opinions
- Teal v. WalkerSupreme Court of the United States · 1884
- Whitney v. Judge of the District CourtMassachusetts Supreme Judicial Court · 1930
- Ferris v. WilcoxMichigan Supreme Court · 1883
- Rudnick v. MurphyMassachusetts Supreme Judicial Court · 1913
- Terrell v. RowlandCourt of Appeals of Kentucky · 1887
20 more not listed; retrieve them via the Exa API.