Newman v. Kentucky West Virginia Gas Co., KENTUCKY-WEST

• Citation: 372 S.W.2d 410
• Decision Date: 08 November 1963
• Docket Number: KENTUCKY-WEST
• Court: United States State Supreme Court (Kentucky)
• Parties: Richard NEWMAN, Executor of the Last Will and Testament of America Newman, Deceased, Appellant, v.VIRGINIA GAS COMPANY et al., Appellees.

Page 410

372 S.W.2d 410

Richard NEWMAN, Executor of the Last Will and Testament of

America Newman, Deceased, Appellant, v. KENTUCKY-WEST VIRGINIA GAS COMPANY et al., Appellees.

Court of Appeals of Kentucky.

Nov. 8, 1963.

W. E. Faulkner, Faulkner & Faulkner, Hazard, for appellant.

Cordell H. Martin, Hindman, C. Kilmer Combs, Ashland, Rudy Yessin, Frankfort, for appellee.

CLAY, Commissioner.

This controversy involves the settlement of an estate, and particularly the title to a one-half interest in certain real property conveyed to the appellant, Richard Newman (individually), by his mother. The Chancellor adjudged the deed to appellant was champertous and void. No finding was made on appellant's defense that appellees were estopped by reason of laches to question this deed.

This litigation is over 30 years old. It began after Merica Newman's father died in 1929. Merica and her eight children were living in Oregon and California at the time. After the death of her father, her brother claimed title to the father's estate. Merica solicited the aid of her children in prosecuting an action against their uncle for the purpose of determining title to the property. She agreed that any expense indurred by the children would be repaid at the rate of two dollars for every dollar expended. Seven of the children did little or nothing to assist her. The eighth child, appellant, moved from California to Kentucky, was given power of attorney by his mother to look after her interests, and did so through two trials in the circuit court and two appeals to the Court of Appeals. The result was that Merica defeated her brother's claim and was declared to have an interest in her father's property. It is interesting to note that the strife among these eight children was not confined to this state but that they also litigated kindred matters through the Supreme Court of Oregon.

After her title was finally established, Merica Newman executed the deed to appellant which is in controversy here. The deed, after reciting the history of the mother's litigation, contained the following language:

'Whereas it was necessary for her to have a representative in Kentucky acquainted with the situation respecting her father's estate, and the interest which she claimed therein, the first party, Merica Newman, arranged with the second party, her son, Richard Newman, to represent her in all matters connected with the prosecution of the two suits mentioned above, and to this end executed and delivered to him her power of attorney authorizing and empowering him to act for her and in her stead in all matters pertaining to...