Rubel v. Bushnell
Court of Appeals of Kentucky
Case 46 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. Judgment should have been rendered against each of the appellants for only his or her proportion of appellee’s claim.
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Case 46 — PETITION EQUITY — APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. Judgment should have been rendered against each of the appellants for only his or her proportion of appellee’s claim. (Stroud’s Heirs v. Barnett, 8 Dana, 391; Roberts and Wife v. Phillips, &c., 11 Bush, 11; Hood v. Hood, 80 Ky., 39; Cox’s Heirs v. Strode, 2 Bibb, 273; Blaekstone, 2d book, 511, 513; Williams on Executors, pages 970 and 971; Schouler’s Executors and Administrators, 382, 383, 384, 385, 491.) This equitable rule has not been changed by statute. (Gen. Stats., ed. 1887, chap. 31, sec. 11; Idem, chap. 44,…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
This action was instituted against HefEernan, administrator, for a settlement of his accounts and for the purposes of distribution. After the payment of the claims of various creditors, there appeared to be a sum of money left for distribution which, when divided, gave to each distributee the sum of two hundred and three dollars and thirty-three cents. There were eight shares, or heirs, and some of the distributees non-residents.
Subsequent to these proceedings under which distribution was had, the appellee, Bushnell, came into the case by a proper…
2Cases cited2 opinions
- Ransdell v. Threlkeld's adm'rCourt of Appeals of Kentucky · 1868
- Roberts v. PhillipsCourt of Appeals of Kentucky · 1874
3Cited by6 opinions
- Massie v. PaulCourt of Appeals of Kentucky (pre-1976) · 1936
- Elliott v. Scoville's AssigneeCourt of Appeals of Kentucky · 1911
- Bennett v. MillerCourt of Appeals of Kentucky · 1914
- Lancaster v. WolffCourt of Appeals of Kentucky · 1901
- McLean v. TrabueCourt of Appeals of Kentucky · 1911
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