135 Ky. 269 | Ky. Ct. App. | 1909
Opinion op the Court by
Affirming.
J. G-. Phillips died testate in Marion connty in December, 1907. In his original will he nominated E. N. Hundley as executor, but by a codicil John B. Phillips and Owen D. Thomas were substituted as executors in place of Hundley. The. decedent left surviving him his widow and four children; one of the children being the appellant, Bird Burton Phillips. The first regular county court day after the death of Mr. Phillips occurred on January 6, 1908. The county court that convened on this day was adjourned until January 10th, when the executors, Thomas and Phillips, offered the will for probate, to which Hundley objected. For various reasons not necessary to mention the disposition of the case was continued until January 22d, when the county court met and probated the will; all opposition to it having been withdrawn. After the probate the'nominated executors stated to the court that,.if W. C. Rogers and J. A. Kelly were appointed administrators with
It will be observed, as shown by the records of the county court, that Miss Phillips appeared in the county court when Kelly and Rogers were appointed as administrators, and asked to be appointed in their place, and that when her motion was overruled, she prayed an appeal to the circuit court, but did not perfect it. Appeals in matters like this, must be prosecuted from the county court to the circuit court with-. in 60 days after the order appealed from is made in the county court. The order of the county court, made in January appointing Kelly and Rogers ad
Wherefore the judgment of the lower court is affirmed.