Jolly v. Miller
Court of Appeals of Kentucky
CASE 16 — ACTION BY HUSTON H. JOLLY AGAINST MATTHIAS MILLER TO SET ASIDE A DEED AND • COMPEL AN ACCOUNTING AS ADMINISTRATOR. Appeal from Breckinridge Circuit Court! Weed S. Chele, Circuit Judge.
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CASE 16 — ACTION BY HUSTON H. JOLLY AGAINST MATTHIAS MILLER TO SET ASIDE A DEED AND • COMPEL AN ACCOUNTING AS ADMINISTRATOR. Appeal from Breckinridge Circuit Court! Weed S. Chele, Circuit Judge. Judgment .for defendant. ' Plaintiff appeals. 1. Where a petition and amended petition each allege the existence of a trust relationship of administrator and heir and of principal and agent, at the time of the consummation of a sale complained of, such averments, in themselves, allege the existence of grounds which avoids or suspends the .statute of limitations, and even though the petition and…
1Opinion of the Court
*105Opinion op the Court by
Judge Lassing
Affirming.
In July, 1888, James Miller, a wealthy bachelor, and a member of one of the most prominent families in Breckinridge county, died, leaving no will, and his large estate passed by descent to his brothers and sisters and the children of such as were dead, as his only heirs at law. Matthias Miller, one of his brothers, was appointed and qualified as administrator of his estate, and he was also, by writing signed by the heirs at law of the estate of James Miller, deceased, authorized to compromise any and all claims belonging to said estate with the…
2Cases cited9 opinions
- Covington & Lexington Railroad v. Bowler's heirsCourt of Appeals of Kentucky · 1872
- Smick's Admr. v. Beswick's Admr.Court of Appeals of Kentucky · 1902
- Atchison v. Atchison's Ex'rsCourt of Appeals of Kentucky · 1890
- Hoffert v. MillerCourt of Appeals of Kentucky · 1888
- Robinson's Committee v. Elam's Ex'rCourt of Appeals of Kentucky · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Baker v. BegleyCourt of Appeals of Kentucky · 1913
- Commonwealth v. McCormackCourt of Appeals of Kentucky · 1917
- Potter v. StanleyCourt of Appeals of Kentucky · 1920
- Elkhorn Coal Corporation v. TackettCourt of Appeals of Kentucky (pre-1976) · 1935
- Taylor County v. Bank of CampbellsvilleCourt of Appeals of Kentucky · 1911
3 more not listed; retrieve them via the Exa API.