Eustache v. Rodaquest
Court of Appeals of Kentucky
Case 10 — PETITION EQUITY APPEAL FROM MCCRACKEN COMMON PLEAS COURT. CITED 3 Littell, 474, Elmendorf v. Carmichael. 2 Met. 185, White v. White.
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Case 10 — PETITION EQUITY APPEAL FROM MCCRACKEN COMMON PLEAS COURT. CITED 3 Littell, 474, Elmendorf v. Carmichael. 2 Met. 185, White v. White. Revised Statutes, chap. 15, 1 Stanton, 239. General Statutes, chap. 14, art. 3, p. 191. Act of March 21, 1861, Myers’s Supp. 85. Act of April 9, 1867, Session Acts, vol. 1, p. 98. CITED . Act of March 21, 1861, Myers’s Supp. 85. Williams on Executors, p. 368. Comyns’ Digest, Adm’r, B. 6. 7 Coke, 33, Calvin’s case. 3 Wheaton, 563, Craig v. Leslie. 2 Humph, 537, Polk v. Ralston. 14 Mo. 526, Greenia v. Greenia. 21 Iowa, 538, Greenheld v. Morrison.
1Opinion of the CourtChief Justice Peters
This suit in equity was commenced on.the 14th of December, 1871, by Virginia Eustache, against James I. Potter, administrator of her late- husband, P. V. Eustache, for a settlement of the estate of decedent and for distribution. During its progress, on the 7th of February, -1873, Mrs. M. Rodaquest filed her petition to be made a defendant, claiming the estate, real and personal, of decedent as his only heir. She was made a defendant and her petition taken as an answer and cross-petition against the widow and the administrator of decedent.
The suit against the administrator was premature and…
2Cases cited1 opinion
- Gasaway v. WoodsCourt of Appeals of Kentucky · 1872
3Cited by6 opinions
- Ellis v. DavisCourt of Appeals of Kentucky · 1890
- Myers' Guardian v. Myers' Adm'rCourt of Appeals of Kentucky · 1890
- Little's Guardian v. WoodwardCourt of Appeals of Kentucky · 1879
- Patterson v. PattersonMichigan Supreme Court · 1882
- Higginbotham v. MeadowsCourt of Appeals of Kentucky · 1885
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