Hilton v. Hilton's Adm'r

• Decision Date: 05 May 1908
• Citation: 109 S.W. 905
• Parties: HILTON et al. v. HILTON'S ADM'R.
• Court: Kentucky Court of Appeals

109 S.W. 905

HILTON et al. v. HILTON'S ADM'R.

Court of Appeals of Kentucky.

May 5, 1908

Appeal from Circuit Court, Rockcastle County.

"Not to be officially reported."

Proceedings for the settlement of the estate of Martin Hilton. From a judgment of the probate court overruling a motion of T. J Hilton and others for the removal of J. D. Hamm as administrator and the appointment of a successor, they appealed to the circuit court, where a like judgment was rendered, and they again appeal. Affirmed.

See 107 S.W. 736.

J. W Alcorn and C. C. Williams, for appellants.

Sharp Bethurum & Cooper and J. N. Sharp, for appellee.

HOBSON J.

Martin Hilton was killed in a railroad accident on May 28, 1906. He left his father and mother as his sole distributees and heirs at law. J. D. Hamm was the constable in the district in which they lived, and had served the father in drawing up pension papers for him. When the news came that Martin Hilton had been killed in the railway wreck, Hamm went to an attorney, and had him prepare a paper to be signed by the father and mother designating him as the person to be appointed administrator of Martin Hilton's estate. The next morning he went to their home. The body of the son was in the house. He explained to them that an administrator would have to be appointed for the son, and they signed the paper, requesting the county judge to appoint him as administrator. He then went before the county judge, and was appointed. The father and mother soon learned that the railroad company was willing to pay $5,000 for the death of Martin Hilton, and that Hamm was claiming a commission of 5 per cent. as administrator. They became dissatisfied, and appeared before the county judge, and asked that Dr. Percy Benton be appointed in lieu of Hamm. The court refused to do this, and later they moved the court to remove Hamm, and appoint their daughter, Hattie Turner. The court overruled this motion, and they appealed to the circuit court. In the circuit court the case was tried again. The circuit court concurred in the conclusion reached by the county court. From this judgment, the appeal before us is prosecuted.

Hattie Turner was a sister of the decedent, and was a widow. She was shown to be properly qualified to act as administrator, and offered a good bond. It is insisted that the court erred in appointing Hamm, who was a stranger, although the appointment was made on the written request of the father and mother who were the sole distributees of the estate. Section 3896, Ky St. 1903, is as follows: "The court having jurisdiction shall grant administration to the relations of the deceased who apply for the same, preferring the surviving husband or wife, and then such others as are next entitled to distribution, or one or more of them whom the court shall judge will best manage the estate." The...