Davidson's ex'rs v. Kemper
Court of Appeals of Kentucky
Case 2 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. It is clear that Charles Davidson has no interest in the estate that he could demand of the executors, or that can be subjected to the payment of debts that he may contract. The executors alone have discretionary power to say how much he is to receive.. 2. We maintain that,- according to the authorities, sec. 21, chap. 63, Gen. Stat., has no application to this case. (1 Otto,-726; 2 Bawle, 33; 7 Wills, 547; 47 Penn.
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Case 2 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. It is clear that Charles Davidson has no interest in the estate that he could demand of the executors, or that can be subjected to the payment of debts that he may contract. The executors alone have discretionary power to say how much he is to receive.. 2. We maintain that,- according to the authorities, sec. 21, chap. 63, Gen. Stat., has no application to this case. (1 Otto,-726; 2 Bawle, 33; 7 Wills, 547; 47 Penn. St., 113; 21 Conn., 1; 10 Gratt., 336; 35 N. Y., 361; Eastland v. Jordan, 3 Bibb, 186; Cosby v. Ferguson, 3 J. J. Mar.,…
1Opinion of the Court
JUDGE HINES
delivered tiie opinion op tiie court.
The question is, whether the interest of Charles Davidson,, under the will of his father, William H. Davidson, can be-subjected to the payment of the debts of Charles Davidson..
The pertinent clauses of the will are as follows :
“I appoint Joshua F. Speed and James W. Hinning . . executors of this my will, and direct that no security be-required of them or either of them in qualifying or acting as such; and I do hereby devise to my said executors all my estate, both real and personal, whether in possession, remainder, or reversion, and wherever…
2Cases cited1 opinion
- Eastland v. JordanCourt of Appeals of Kentucky · 1813
3Cited by11 opinions
- Woolley v. PrestonCourt of Appeals of Kentucky · 1884
- Huffman v. ChasteenCourt of Appeals of Kentucky (pre-1976) · 1948
- Brooks v. RaynoldsCourt of Appeals for the Sixth Circuit · 1893
- Brock v. ConkwrightCourt of Appeals of Kentucky · 1918
- Sandford's Administrator v. SandfordCourt of Appeals of Kentucky (pre-1976) · 1929
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