Self v. York
| Decision Date | 28 April 1925 |
| Parties | Self, et al. v. York, et al. |
| Court | United States State Supreme Court — District of Kentucky |
1. Executors and Administrators — Demurrer Generally to Petition on Claim Against Estate Before Taking of Steps to Require Verification is Waiver Thereof. — Demurrer generally to petition on claim against estate of decedent before motion for rule to require verification or taking of other proper steps to obtain verification is waiver of want of verification.
2. Descent and Distribution — Wills — Statutes Relative to Presentation of Claims and Actions Thereon Not Applicable to Suit Against Heirs or Devisees. — Ky. Stats., sections 3847, 3870, 3872 relating to presentation on demands against estates of decedents, and requiring lapse of six months before suit, do not apply to actions against heirs or devisees under section 2089.
3. Descent and Distribution — Bill in Action for Services Rendered Held Fatally Defective for Failure to Aver Value of Service. — Petition in action under Ky. Stats., section 2089, against heirs of one deceased, for services rendered, held fatally defective for failure
to aver value of such services or that they were of value, though alleging indebtedness in specified amount.
4. Appeal and Error — Order Sustaining Demurrer to Petition in Fact Defective Will be Sustained, though Counsel Relied upon Insufficient Reason. — Order sustaining demurrer to petition without pointing out ground upon which court acted will be sustained, though counsel pointed out to court an insufficient reason.
Appeal from Edmonson Circuit Court.
MILTON CLARK for appellants.
LOGAN & McCOMBS for appellees.
Affirming.
A general demurrer was sustained to appellants', Self, et al., petition, and the cause dismissed when they declined to further plead, and they appeal. It is averred in the petition that S.P. York died intestate, domiciled in Edmonson county, leaving surviving him as his only heirs at law the appellees, Gilliam York, Wm. York and Lizzie Graville; that during his lifetime York and wife, then old, lived on a described farm in Edmonson county and were the owners of it; that during that time S.P. York engaged appellants to work for him and to wait upon him and serve him and his aged wife so long as they lived, and that appellants accepted the employment and did work for York until he and wife passed away; that S. P. York agreed to pay appellants for labor done by them for him and wife; that this employment continued for about three years, and that during that time York paid appellant $80.00, "and they further say that at the time of the death of said S.P. York and his wife, as aforesaid, he was indebted to these plaintiffs in the sum of $1,200.00 for services performed under said contract of employment, and that same is now just and due . . . except the sum of $80.00 above admitted to have been paid on said claim by decedent, S.P. York." It was further alleged in the petition that at the death of York he had about $1,000.00 in cash, which passed by descent to his children, the appellees; that by reason of this fact the appellees took possession of the money and the tract of land and are holding and claiming it as their own and are, therefore, liable under section 2089, Kentucky Statutes, to appellants, to the extent of the amount received from the estate of their father on the indebtedness of their father, York, to appellants. To the petition is attached a prayer for the sum of $1,120.00 against Gilliam York, W.M. York and Lizzie Graville.
A general demurrer was filed to the petition on the grounds, as it is said in brief of counsel, it does not aver that a verified claim was presented to the administrator of York before suit was commenced, and upon the further ground that suit was commenced before...
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