Stafford v. Bailey

• Citation: 191 S.W.2d 218,301 Ky. 155
• Parties: STAFFORD et al. v. BAILEY.
• Decision Date: 11 December 1945
• Court: Court of Appeals of Kentucky

191 S.W.2d 218

301 Ky. 155

STAFFORD et al. v. BAILEY.

Court of Appeals of Kentucky

December 11, 1945

Original proceeding by Harry G. Stafford and another, executors of the estate of Jesse Stafford, Sr., deceased, for a writ of prohibition to prohibit J. F. Bailey, Judge 24th Judicial District of Kentucky, from enforcing an order appointing a receiver of decedent's estate.

Writ of prohibition denied and petition dismissed.

Wheeler & Wheeler, of Paintsville, for plaintiffs.

Wallis M. Bailey, of Lexington, for defendant.

DAWSON Justice.

This is an original proceeding for a writ of prohibition under Sec 479 of the Civil Code of Practice seeking to prohibit J. F Bailey, Judge of the 24th Judicial District from enforcing an order entered in the Johnson circuit court appointing Mae Meade, Receiver of the estate of Jesse Stafford, Sr. deceased. Stafford, Sr. died in Johnson County on May 9, 1935, leaving surviving him his widow and eight children. At the time of his death he owned 31 small houses in and near Paintsville, and a small amount of personal property. His will left his entire estate to his widow during her lifetime. She is still living and is now ninety-six years of age. At her death the property goes to the eight children equally. By his will he appointed his sons, Harry G. Stafford and Jesse Stafford, Jr. as executors and gave them full power to manage and control the estate for the benefit of his widow, and the power to sell any of the property, if in their judgment it would be advisable. These two sons qualified and took charge of the estate, collecting rents, paying taxes and other expenses and paying the net proceeds to their mother. This they continued to do until September 2, 1940, when four of the children filed suit against them in the Johnson circuit court charging them with mismanagement and waste. A great deal of testimony was taken, and the case was finally submitted in September 1941. For some reason no other steps were taken in the matter until May 1945, at which time the court appointed Ralph Stafford and Harry G. Stafford as receivers for the estate. Harry G. Stafford refused to qualify and objected to the appointment of Ralph, who did qualify and acted as receiver until July 5, 1945, when he was discharged and Mae Meade was appointed. The order appointing Mae Meade as receiver included a judgment against the two executors in the amount of $1951.

An appeal was taken from this judgment and the record on the appeal has been filed in this court, but the case has not yet been docketed.

On November 13, 1945, this petition for a writ was filed by the executors and by agreement the case is to be considered on affidavits filed by the...