133 Ky. 558 | Ky. Ct. App. | 1909
Opinion of the Court by
Affirming.
Ota. April 26, 1906, one Ahlaib A. Hamilton died domiciled in Bracken county, Ky. He left a paper purporting’ to he his last will, which was thereafter probated in the Bracken county court; lapd appellant was dtaly appointed: administrator of his estate with the will annexed, no executor having been nominated in the will, and he duly qualified as such. Thereafter some of the heirs at law of Ahab A. Hamilton appealed from the order of probate to the Bracken Cir
It appears to us that the only question on this appeal is whether appellant or Bradford is legally empowered to. 'settle the estate, of Ahab A. Hamilton, atod, unfortunately for appellant, he failed to make Bradford a party to this appeal. But, waiving this question, it appears plainly to us that the administrator with the will annexed occupied the same relation to the estate that an executor named in the will would! have occupied had oue been named and qualified. The administrator with the will annexed is required to settle the estate in the w)ay and upon the terms prescribed in the will. Where there is no will, the administrator settles the estate as prescribed by the statute. He receives his appointmient under Section 3897, Kentucky Statutes, which- provides that, if no person applies for administration, the county court may at the second term after the death of a person grant administration to a creditor or any other person whom the court
For these reasons, the judgment of the lower court is affirmed.