Oliver v. Crewdson's Adm'r

• Decision Date: 19 June 1934
• Citation: 256 Ky. 797,77 S.W.2d 20
• Parties: OLIVER et al. v. CREWDSON'S ADM'R et al.
• Court: Kentucky Court of Appeals

77 S.W.2d 20

256 Ky. 797

OLIVER et al. v. CREWDSON'S ADM'R et al.

Court of Appeals of Kentucky

June 19, 1934

As Modified on Denial of Rehearing December 21, 1934.

Appeal from Circuit Court, Logan County.

Action by W. O. Bilyeu, administrator of the estate of Millie P Crewdson, deceased, against Mary Crewdson Oliver, Cecil Crewdson Renshaw, Jarrett Renshaw, and another, wherein Cecil Crewdson Renshaw and Jarrett Renshaw filed counterclaim. From the judgment, Mary Crewdson Oliver and others appeal.

Judgment affirmed in part and reversed in part with directions.

I. G Mason, of Adairville, and Edward C. O'Rear and Allen Prewitt, both of Frankfort, for appellants.

Coleman Taylor and Oscar M. Smith, both of Russellville, for appellees.

RATLIFF Justice.

S. R Crewdson, a distinguished lawyer, resident of Logan county Ky. died testate in 1926, leaving surviving him a widow and two daughters. His widow died intestate in 1930, also a resident of Logan county, Ky.

By his will Crewdson devised his entire estate to his widow, absolutely. W. O. Bilyeu was appointed and qualified by the county court as administrator of her estate. Her daughter Mary C. Crewdson intermarried with D. H. Oliver and her other daughter with Jarrett Renshaw, and survive their mother.

This action was instituted by the administrator of the estate of Mrs. Crewdson against her daughters and sons-in-law to settle her estate, also he sought advice as to the advancement made by the mother to her daughters and the arbitration of a claim arising out of the services of S. R. Crewdson and Coleman Taylor as attorneys in Dia B. Long v. New York Life Ins. Co.

Mary Crewdson Oliver and her husband filed a separate answer in which they charged that Cecil Crewdson Renshaw was indebted to the estate of her mother $200 evidenced by a note; that she was indebted to her mother's estate in the sum of $2,500 with accrued interest evidenced by a note; that the note had not been reported as a part of the estate of her mother although it had never been paid by her sister; that her sister had been advanced $100 by her mother by the payment of this amount to Dr. Shaw. The administrator asserted the claim against Mary Crewdson Oliver for $925 evidenced by a note. She charged that whatever cause of action accrued on it, accrued more than 7 years "ago," and that it was executed and delivered in the state of Tennessee and the statute of limitation of that state was 6 years, and that it was barred by the statute of limitation of Tennessee (Code Tenn. 1932, § 8600), which she relied on as a bar to recover on it. Cecil Crewdson Renshaw and Jarrett Renshaw in their answer joined issue as the $925 note and further charged that Mrs. Oliver had executed a note to the Commercial Bank & Trust Company of Paris, Tenn., for $1,000, which S. R. Crewdson, her father, had signed as surety; also "a similar note bearing the date of March 8, 1926, was executed by Mrs. Oliver and for her benefit on which her father, S. R. Crewdson, was surety"; that prior to his death he had paid one of them and thereafter her mother had paid the other $1,000 note and accrued interest; and that this latter sum was an advancement to Mary Oliver. They also charged that Mrs. Crewdson had advanced to Mrs. Oliver $3,650 with which to purchase at Paris, Tenn., a home for Mrs. Oliver; that this money was derived by sale of a house and lot in Russellville sold to Chas. Wilkins and that S. R. Crewdson had advanced to Mrs. Oliver in April, 1922, $1,026.73; $925 in June, 1922; also another $1,000, $500, another $500, and a sum of $100, "all of which totals the sum of $7,701.73 and that same should be charged against her interest in the estate of her mother, all of which estate originally came from S. R. Crewdson; that sums were advanced to each of the defendants under an arrangement by which their father and mother undertook to equalize and divide their estate between their two daughters equally"; and that Mrs. Oliver had consumed "an amount far in excess of her one-half interest and that she ought to be required to account for the same and that she is now indebted to the estate in a sum unknown." They also charge that Mrs. Oliver had a diamond ring belonging to their mother of the value of $1,000 and that they were entitled to charge her therewith; that she had possession of "a fine piano belonging to her mother's estate and many other articles of value that she had seized and carried away" and she should be charged therewith.

They denied that Mrs. Renshaw should be charged as an advancement with the $200 note and interest. They set up a claim against the estate of Mrs. Crewdson for board for which they charge $900. They admit that Mrs. Renshaw had been advanced by her father and mother two notes of $2,500 each and the further sum of $338.55.

By a reply Mrs. Oliver and D. H. Oliver joined issue on the matters set forth in the answer and counterclaim of Mrs Renshaw and her husband. They admit the execution and delivery of the $1,000 note to the Commercial Bank & Trust Company of Paris, Tenn., as it is charged in the pleading of the Renshaws, and that Mrs. Crewdson advanced to Mrs. Oliver the amount of this note and interest by paying it for Mrs. Oliver after the death of Mr. Crewdson. Another $1,000 note payable to the Commercial Bank & Trust Company was paid by Mr. Crewdson during his lifetime. They explain in their reply the purchase of the home for Mrs. Oliver by Mr. Crewdson and its sale to Chas. Wilkins for $3,650 and the turning over this sum to Mrs. Oliver and her reinvestment of it in the partial payment of a home in Paris, Tenn. In their reply they charge that...