Hood v. Maxwell

• Decision Date: 16 January 1902
• Citation: 66 S.W. 276
• Parties: HOOD et al. v. MAXWELL et al. [1]
• Court: Kentucky Court of Appeals

66 S.W. 276

HOOD et al. v. MAXWELL et al. ^[1]

Court of Appeals of Kentucky.

January 16, 1902

Appeal from circuit court, Marion county.

"Not to be officially reported."

Action by Cora Maxwell and others against Mrs. J. Ann Hood and others for a settlement of the estate of Lizzie Chandler deceased. Judgment settling the estate, and Mrs. J. Ann Hood and others appeal. Reversed.

H. P Cooper, for appellants.

John R Thomas, Thomas Worswick, and S. A. Russell, for appellees.

PAYNTER J.

In October, 1893, Miss Lizzie Chandler died testate. She devised $1,000 in trust for the use and benefit of Cora Chandler, née Maxwell, and at her death the $1,000 was to be paid to appellant and Joseph E. Shelby. The balance of the estate was also devised to the appellant and Shelby, except the use of a house and lot was given to Mahala Mercer during her life. The appellant qualified as the administratrix of the estate. R A. Burton was named as trustee of Cora Maxwell, but he failed to qualify, and another was appointed. This action was instituted by Cora Maxwell to have the $1,000 which had been devised to her paid over to her trustee. The appellant resisted the payment of the $1,000, claiming that after the payment of the debts of the testatrix there was nothing with which to pay the bequest. To determine this would require a settlement of her accounts as administratrix, as she had not filed an inventory of the estate or made a settlement of her accounts with the county court. The statement which she made of the estate showed that she had paid all debts of the estate, except she asserted claims amounting to several hundred dollars against the estate, which she claims had not been paid, and claimed that she should be paid, out of the estate, before the $1,000 should be set apart for the use and benefit of Cora Maxwell. It would not be profitable to review the various debts which she claims to have paid for the estate, nor to discuss the various items involved.

The court charged the estate with the interest on the $1,000 bequest from the date the will was probated. There was no provision in the will as to when it should be paid. Under section 2065, Ky. St., it did not draw interest for one year after testatrix's death. The court erred in allowing interest for the year following the death of testatrix.

The record shows that the administratrix paid for the estate $122.70 taxes which accrued after the institution of the action, and she should have been reimbursed that sum.

The court allowed the...