Cloyd v. Williams' Admr.

Court of Appeals of Kentucky

Cloyd v. Williams' Admr.

4 Ky. Op. 545, 1870 Ky. LEXIS 420

DecidedOctober 13, 1870

StatusPublished

This text of 4 Ky. Op. 545 (Cloyd v. Williams' Admr.) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cloyd v. Williams' Admr., 4 Ky. Op. 545, 1870 Ky. LEXIS 420 (Ky. Ct. App. 1870).

Pincite

Opinion

Opinion of the Court by

Judge Williams :

We do not regard the judgment of the circuit court, rendered October 24th, 1863, as such a final judgment as deprived the court of the power to complete the settlement of the estate of the intestate. It was only final so far as it confirmed the master’s report and directed the judgment of certain amounts upon certain enumerated claims. The master’s report shows upon its face that assets of the estate of the intestate still remained uncollected, and it was proper for the court to retain control of all questions that could properly arise in such proceedings between the creditors, heirs and personal representative of the intestate.

Wherefore, the judgment of July 21st, 1868, is reversed, and the [546]*546cause remanded, with instructions to complete the adjudication o£ *11. issues properly before the court.

Thompson, for appellant. James, Hardin & Hardin, for appellee.

Free access — add to your briefcase to read the full text and ask questions with AI

Opinion of the Court by

Judge Williams :

We do not regard the judgment of the circuit court, rendered October 24th, 1863, as such a final judgment as deprived the court of the power to complete the settlement of the estate of the intestate. It was only final so far as it confirmed the master’s report and directed the judgment of certain amounts upon certain enumerated claims. The master’s report shows upon its face that assets of the estate of the intestate still remained uncollected, and it was proper for the court to retain control of all questions that could properly arise in such proceedings between the creditors, heirs and personal representative of the intestate.

Wherefore, the judgment of July 21st, 1868, is reversed, and the [546]*546cause remanded, with instructions to complete the adjudication o£ *11. issues properly before the court.

Thompson, for appellant. James, Hardin & Hardin, for appellee.

Cite This Page — Counsel Stack

Bluebook (online)

4 Ky. Op. 545, 1870 Ky. LEXIS 420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cloyd-v-williams-admr-kyctapp-1870.