Underwood v. Underwood's Admr.
Court of Appeals of Kentucky
Case 112 — Controversy Originating in the McCracken County Court as to Whether G. B. Underwood shall be Appointed Administrator of the Estate of P. A. Underwood, Deceased, after said Estate .had been Ordered into the Hands of the Public-Administrator APPEAL FROM M’CRACKEN CIRCUIT COURT.
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Case 112 — Controversy Originating in the McCracken County Court as to Whether G. B. Underwood shall be Appointed Administrator of the Estate of P. A. Underwood, Deceased, after said Estate .had been Ordered into the Hands of the Public-Administrator APPEAL FROM M’CRACKEN CIRCUIT COURT. Judgment of the County Court Affirmed by t&e Circuit Court, and G. B. Underwood Appeals — POINTS AND CITATIONS. 1. The order of the county court confiding the estate of the intestate to appellee as public administrator the next day_ after the intestate’s death, was unauthorized if not void, and the court…
1Dissent
Dissenting opinion by
Judge Hobson.
The question involved in this ease is whether the order of the county court is void, or merely erroneous, because made prematurely. I can not concur in the conclusion that this renders the order toid, although I concede that the order was made prematurely, and should have been set aside on motion. The question turns en the proper construction of sections 3894-3897, 3905, Kentucky Statutes, which are as follows: “When any person shall die intestate, that court shall have jurisdiction to grant administration on his estate that would have had jurisdiction to…
2Cases cited13 opinions
- Martin v. Robinson, 67 Tex. 368 (Tex. 1887)Texas Supreme Court · 1887
- Jacobs's adm'r v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1874
- Barclay v. KimseySupreme Court of Georgia · 1884
- Kelly v. . WestNew York Court of Appeals · 1880
- Taylor v. HosickSupreme Court of Kansas · 1874
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