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42 Ky. 1

Murray v. Oliver

Court of Appeals of Kentucky

Decided September 6, 1842

Court of Appeals of Kentucky · decided 1842-09-06

<p> County Courts. Administrators. Appellate Jurisdiction. </p> <p>The removal of an administrator by the County Courtis a. judicial act, which is subject to revision by the Court of Appeals.</p> <p>To authorize the County Court to remove an administrate r^ he mustbe notified, unless he voluntarily appear.</p> <p>On reversing an order of the County Court improperly removing an administrator andreleasing his sureties, this Court cannot do more at the instance of administrator.</p>

Cited by 1 later decisions — most recently April 1951

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1842-09-06

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Chief Justice Robertson

¶1delivered, the opinion of the Court.

¶2Administration of the estates of intestates and the right to such administration being regulated by law, the removal of an administrator by a County Court, is necessarily a judicial act,' and is therefore revisable by this Court, under the constitution and statutes of Kentucky.

¶3The record of the removal in this case, does not show either a citation to, or any appearance by the administrator or the administratrix, who have been removed by an order now sought to be reversed. The order must therefore be deemed erroneous and void.

¶4But the supplemental order for exhoneiating the sureties, however irregular or erroneous it might seem to be, is not cognizable on this writ of error by the removed representatives.

¶5Wherefore it is considered that the order for removing the administrator and administratrix be set aside and held for nought.

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