Dant's Executors v. Cooper
Court of Appeals of Kentucky
Case 45. — ACTION BY THE EXECUTORS OF J. W. DANT AGAINST JOHN M. COOPER, COUNTY JUDGE, FOR A MANDAMUS TO COMPED HIM TO FIDE CERTAIN PAPERS IN DIEU OF A SETTDEMENT OF SAID DANT’S ESTATE. — Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment refusing the writ and the Executors appeal.
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Case 45. — ACTION BY THE EXECUTORS OF J. W. DANT AGAINST JOHN M. COOPER, COUNTY JUDGE, FOR A MANDAMUS TO COMPED HIM TO FIDE CERTAIN PAPERS IN DIEU OF A SETTDEMENT OF SAID DANT’S ESTATE. — Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment refusing the writ and the Executors appeal. Our contention is that the filing of accounts by executors or administrators, is a matter with which the public has no concern, and with which the parties for whose benefit it is required by law, may dispense, whether they be creditors, or mere legatees or distributees. AUTHORITIES CITED. (18…
1Opinion of the Court
Opinion by
Judge O ’Rear,
Affirming.
J. W. Dant, died testate a citizen of Marion County. • His will was admitted to probate. Appellants qualified as executors. Subsequently they settled tbe decedent’s estate by paying his debts, as they aver, including tbe funeral expenses and costs of administration, and turned over to tbe devisees, as named in tbe will, tbe sums and property devised to them. Whereupon they took from tbe devisees a paper in tbe nature of a receipt, showing tbe complete settlement of tbe estaté to their satisfaction. Tbe executors presented this paper to tbe county judge of…
2Cited by4 opinions
- Hull v. CartinIdaho Supreme Court · 1940
- Commonwealth v. PeterCourt of Appeals of Kentucky · 1910
- McGee v. WeissingerCourt of Appeals of Kentucky · 1912
- Commonwealth v. BullockCourt of Appeals of Kentucky · 1918