Gilliam v. Gilliam Book Reviews

Gilliam v. Gilliam by Court Of Appeals Of Kentucky Book Summary

SIMS, Justice. Carrie Gilliam as administratrix of her deceased husband, Tom Gilliam, brought this action to settle his estate. The petition averred that he was indebted to her as well as to others and that there was insufficient personal property to satisfy decedent's debts and asked that his real estate be sold for that purpose. After hearing considerable proof the chancellor adjudged that the estate was indebted to appellant in the sum of $528.09, which with her exemption of $750 made the amount of $1278.09 due her from the estate. But the chancellor charged appellant with items aggregating $1389.66, therefore he gave judgment against her for $111.57, the difference between these two sums. It is Mrs. Gilliam's contention that she should have been charged with only $1001.16 and that instead of her owing the estate $111.57, it was indebted to her in the sum of $276.93, and she moves this court to grant her an appeal. There is no controversy concerning the items which compose the $1278.90 the chancellor held the estate was indebted to Mrs. Gilliam. But Mrs. Gilliam claims to be the owner of all the livestock and that the household goods charged to her were worth only $150. However, the chancellor held that this livestock was jointly owned by the widow and her deceased husband and charged her with one-half of its value, and further charged her with $250 as the value of the household goods which she insists was worth only $150. These two items make up the $388.50 about which the parties differ.

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