124 Ky. 623 | Ky. Ct. App. | 1907
Opinion op the Court by
Affirming.
This is an appeal from a judgment of the Jefferson circuit court, chancery branch, second division, sustaining a special demurrer to the jurisdiction of the court and dismissing the appellant’s action.
The action was brought to enforce the payment of a judgment for $8,333.331-3, which the appellant, George Dinning, on May 5, 1899, obtained in the United States circuit court for the District of Kentucky, against the appellee Charles H. Conn, as administrator of the estate of Joe L. Conn, deceased, it being alleged in the petition that no part of this judgment has been paid although appellee had received as assets belonging to the estate of his intestate $3,000, which he paid to numerous creditors of the estate, all the creditors except appellant having received some part thereof; that the decedent died in Logan county, where he was then domiciled, and that appellee was
The only question presented for decision by the appeal is, had the .Jefferson circuit court jurisdiction of the subject of the action and the parties? Civil Code, section 42S, provides: “A representative, legatee, distributee, or creditor of a deceased person, may bring an action in equity for the settlement of his estate.” Sub-section 2 provides: “The representative of the decedent, and all persons having a lien
If appellant is right in this contention, it is patent that the court errea in' dismissing the action. But we do not think the contention tenable. The action must be regarded as one to settle or distribute the decedent’s estate. It proceeds upon the theory that the administrator has wrongfully distributed- or paid out all the assets of the estate among the creditors of of the estate, except the appellant, whose demand was of equal dignity with those paid. If the relief asked is granted, it will necessitate inquiry into the administration of the estate as made by the administrator, and consequently not only involve an investigation of such settlement as he may have made with the Logan county court, but may require of him an additional settlement, after the several creditors whose claims
It therefore follows that the demurrer to the jurisdiction was properly sustained by the lower court.
Wherefore, the judgment is affirmed.