Mooney v. Kirk

Court of Appeals of Kentucky (pre-1976)

Mooney v. Kirk

182 S.W.2d 787, 298 Ky. 244, 1944 Ky. LEXIS 891

CourtCourt of Appeals of Kentucky (pre-1976)

DecidedOctober 3, 1944

StatusPublished

This text of 182 S.W.2d 787 (Mooney v. Kirk) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky (pre-1976) primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mooney v. Kirk, 182 S.W.2d 787, 298 Ky. 244, 1944 Ky. LEXIS 891 (Ky. 1944).

Pincite

Opinion

Opinion of the Court by

Judge Cammack

Affirming.

This action was instituted to obtain court approval of the sale of such interest as 'the appellee, Raymond Lynn Kirk, Jr., an infant, may have in the trust estate of his grandfather, C. A. Kirk, deceased. His interest grew out of a property settlement entered into between his divorced parents, Raymond Lynn Kirk, Sr., and the appellant, Ann Shropshire (Kirk) Mooney.

The action appears to have been instituted out of an abundance of precaution to perfect the title of the purchasers of the C. A. Kirk real property. The pleadings, proof and bond meet satisfactorily the requirements of section 489 of the Civil Code of Practice, relating to the sale of real property of persons under disability, which were in effect at the time the action was instituted early in 1943. The chancellor found the sale was advisable and the price ($1808.50) adequate, and that it was to the best interest of the infant to approve it.

*245 We have examined the record carefully and have reached the same conclusions as did the chancellor. Therefore, the judgment is affirmed.

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

Opinion of the Court by

Judge Cammack

Affirming.

This action was instituted to obtain court approval of the sale of such interest as 'the appellee, Raymond Lynn Kirk, Jr., an infant, may have in the trust estate of his grandfather, C. A. Kirk, deceased. His interest grew out of a property settlement entered into between his divorced parents, Raymond Lynn Kirk, Sr., and the appellant, Ann Shropshire (Kirk) Mooney.

The action appears to have been instituted out of an abundance of precaution to perfect the title of the purchasers of the C. A. Kirk real property. The pleadings, proof and bond meet satisfactorily the requirements of section 489 of the Civil Code of Practice, relating to the sale of real property of persons under disability, which were in effect at the time the action was instituted early in 1943. The chancellor found the sale was advisable and the price ($1808.50) adequate, and that it was to the best interest of the infant to approve it.

*245 We have examined the record carefully and have reached the same conclusions as did the chancellor. Therefore, the judgment is affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

182 S.W.2d 787, 298 Ky. 244, 1944 Ky. LEXIS 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mooney-v-kirk-kyctapphigh-1944.