171 Ky. 840 | Ky. Ct. App. | 1916
Opinion op the Court by
Affirming.
Andrew Meuth, the father of appellants and appellees, died in November, 1912. He left a widow, his sec
Andrew Meuth left a writing which was admitted to probate as his will by the county court of Henderson .county, but which upon appeal to the circuit court was held not to be his will, and the judgment of the circuit court was affirmed by this court in Meuth’s Executrix v. Meuth, et al., 157 Ky. 784. Under the terms of this wanting the widow, a Elenora Meuth, was named as executrix, and she qualified as such, but after the will was held invalid, she resigned the trust, and made in the county court a full settlement of all things done by her as such executrix, and the Ohio Valley Banking & Trust Co. was appointed and qualified as administrator of Andrew Meuth. To this settlement several exceptions were filed by the older set of Andrew Meuth’s children. Before these exceptions were acted upon in the county court, the administrator, the Ohio Valley Banking & Trust Company, and Elenora Meuth filed an action in the Henderson circuit court for a settlement of the estate of Andrew Meuth, and soon thereafter an agreement was reached by all of the parties interested, reduced to writing and signed by them, and this agreement on June 5, 1914, was entered as an agreed judgment in the suit to settle the estate of Andrew Meuth, and pursuant to that agreement, the exceptions to the settlement filed by Elenora Meuth as executrix in the county court were withdrawn and that settlement confirmed.
During the‘time that Elenora Meuth had acted as executrix of the estate of Andrew Meuth, and before dower was assigned to her, she had collected as the gross rents from his real estate a sum amounting to $3,104.00.
The agreed judgment of June 5, 1914, among other things, adjudged as follows:
“It further appearing to the satisfaction of this court, that Mrs. Elenora Meuth collected for the estate of Andrew Meuth, deceased, as rent of said lands and houses and lots as shown by settlement with the Henderson county court, aggregating the sum of thirty-one hundred and four ($3,104.00) dollars, which was turned over to
After the death of the widow, Elenora Meuth, and when the administrator, Ohio Valley Banking & Trust Company, was about to make a final distribution of Andrew Meuth’s personalty under the judgment of June 5, 1914, the appellants, who are the children and heirs of Elenora Meuth, presented to said administrator a statement of items amounting to $1,441.92 which they claimed had'been erroneously charged to and paid out of the personalty, and demanded of said administrator that it correct this alleged mistake out of the funds then in its possession before making a final distribution. Thereupon the administrator filed this action in the Henderson circuit, court asking the advice and counsel of the chancellor upon that matter.
By agreement of all the parties, appellants were permitted to recover in their own names as the heirs of Elenora Meuth without appointment and intervention of an administrator of her estate whatever such an administrator could recover, and to rely upon the petition in which is set up. their contention that this $1,441.96 should have been paid out of the two-thirds of the gross rents from the real estate which by the judgment of June 5, 1914, was adjudged in equal portions to all of the children of Andrew Meuth.
Issue having been joined and proof heard, upon submission the chancellor adjudged that appellants’ contention was concluded by the judgment of June 5, 1914, in the suit for a settlement of the estate. From that judgment, which was rendered in the suit by the administrator for ádvice and counsel, this appeal is prosecuted.
Wherefore the judgment is affirmed.