138 Ky. 416 | Ky. Ct. App. | 1910
Opinion op the Court by
Affirm-mg.
In 1885 the will of Eli C. Cornelison was'probated. In this will he provided among other things, that ‘ ‘ all the cash, notes and any debts that may be owing,
Section 201.8 of the Kentucky Statutes, under which it is sought to hold Million liable, has been construed by this court in a number of cases, among them Cornelison v. Million, 129 Ky. 573, 112 S. W. 654. But the question presented by this record does not in our judgment fall within the meaning of the statute. The ward of Bales died several years before Million became county judge,and so it follows that Million as county judge could not be chargedwith the duty of inquiring into the solvency ofBales so far as any money in his hands as guardian of Ernest Oornelison is concerned, for the simple reason that Bales at the time Million was county judge was not the guardian of Ernest Oornelison. If Million as county judge had required Bales, who was then guardian of Pal. and Eli Oornelison, to execute a new bond as guardian, it is manifest that he could not have required him to execute a bond as guardian of Ernest Oornelison, or have removed him for failing to execute such bond; and, as the county judge could do neither of these things, it is plain that he cannot be held liable for his failure to inquire into the sureties upon the bond of .Bales as guardian of Ernest Oornelison. Section 1068 of the Kentucky Statutes makes it the duty of
Wherefore the judgment of the lower court is affirmed.