Overbeck v. Lecquire

• Decision Date: 24 February 1897
• Citation: 39 S.W. 254
• Parties: OVERBECK et al. v. LECQUIRE et al. (two cases).
• Court: Kentucky Court of Appeals

39 S.W. 254

OVERBECK et al. v. LECQUIRE et al. (two cases).

Court of Appeals of Kentucky.

February 24, 1897

Appeals from circuit court, Campbell county.

"Not to be officially reported."

Action by Anna Lecquire and others against John Henry Overbeck individually and as executor of Agnes Theders, deceased, and another, to set aside a conveyance of real estate, and for a settlement by the executor. There was a judgment for plaintiffs, and, after modifying and confirming the report of the master to whom the cause was referred, the court adjudged a distribution. From both judgments, defendant Overbeck appeals. Affirmed.

C. W Baker and M. G. Heintz, for appellant.

Raison & Ahlering, for appellees.

GUFFY J.

Agnes Theders died in Campbell county, in 1890, having just made and published a will made with the consent of her husband John D. Theders, which will was duly probated. By the terms of the will, a few small bequests were made to sundry persons, and the residue of personal property was devised to her four children, John H. Overbeck, Anna Lecquire, wife of Charles Lecquire, Charles Theders, and William Theders, and her real estate was devised to said Overbeck in trust for the said three devisees, subject to the life estate of her husband. She had been married once before her marriage to Theders. A short time before the death of the testatrix, she and her husband conveyed the real estate to one Anderson, to be by him conveyed in trust to the said Overbeck, to be held in the same manner as had been provided in the will aforesaid. The reason for this conveyance does not appear nor is it material, Anderson having made the conveyance, and no one now seems to rely on it. Perhaps it was done for fear the will might not prove efficacious in effecting the desired object. Overbeck was named as executor in the will, without bond, and he was duly qualified as such. In 1891, said Overbeck, as is alleged, induced the three devisees aforesaid, and the husband and others, to unite in a conveyance of the real estate (all of which was town property) to Samuel E. Anderson; and on the same day Anderson conveyed the real estate to Overbeck by warranty deed, free of all claims, and afterwards said Overbeck attempted to sell said property. In December, 1892, the said Lecquires, William Theders, and John D. Theders instituted this action against said Overbeck as an individual and as executor, and against said...