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    1. [SCKY] BARREN CO - BYBEE vs POYNTER
    2. Sandi Gorin
    3. I'm going to start on a lengthy legal battle which might be of help to BYBEE researchers. This is recorded in the "Southwestern Reporter, Volume 77 - Judges of the Courts Reported During the Period Covered By This Volume ... Kentucky - Court of Appeals. It will take more than one week as I'm going to provide the entire case as reported by the Court Reporter. BYBEE'S EX'R et all. v. POYNTER. Court of Appeals of Kentucky, Dec. 16, 1903. Guardian and Ward - Guardian's Bond - Sureties - Liability - Actions - Limitations - Person entitled to Plead - Heirs - Suspension of Statute - Non-residents. (included after a list of statutes applying to the case, not shown here). This was an appeal from Circuit Court, Barren County. Action by A. E. Poynter against William Bybe's executor and others. From a judgment in favor of plaintiff, defendants appeal. Reversed. UNDERWOOD & WILLIAMS, for appellant; Luther JAMES for appellee. NUNN, J. It appears that R. D. Bybee was on the 3d of January, 1880, appointed public administrator and guardian for Barren county, Ky., and thereupon executed a bond as such, containing the usual covenants, with William Bybee, his father, and Clinton Bybee, his brother, as sureties. After the execution of the bond, and in the same year, R. D. Bybee received as such guardian $190.13 belonging to the appellee, who was then an infant, and arrived at the age of 21 years in the month of June, 1891. She within 2 or 3 years after that married one Poynter. Her former name was KINSLOW. In the month of October, 1891, her guardian made a settlement with the county court, and it was ascertained that he then was indebted to appellee in the sum of $248. R. D. Bybee then gave her a mortgage on two mules to better secure this sum to her. Appellee enforced this mortgage lien in the year 1892, and obtained a judgment against her guardian for the sum of $248, with interest, and enforcing the lien. The mules were sold; and, after paying the costs of the suit, she received of the proceeds $85. She further received from her guardian in 1898 one mare at the price of $50. Appellee in November, 1902, instituted this action upon the guardian's bond, to secure the balance due her, against R. D. Bybee, public administrator and guardian; R. D. Bybee, executor of the will of Wm. Bybee, R. D. Bybee, Clinton Bybee, and George Bybee. William Bybee, one of the sureties on the bond, died in the year 1885. By his will he nominated his sons R. D. Bybee and Clinton Bybee his executors, and, after making provision for his wife, Anna Bybee, he directed that the remainder of his estate be divided equally between his three sons, R. D., Clinton, and George Bybee. It appears that George Bybee, under this will, secured from the executors about $800 about the year 1888. Wm. Bybee, by his will, devised to his wife Anne, for her life, a house and lot in the town of Glasgow, Ky., and at her death it was to go to his three sons herein named, and directed that his executors, at the death of their mother, sell this property, and divide the proceeds equally between themselves and their brother George. Their mother died in the year 1898. Appellee, in her petition, alleged the date of the death of William Bybee; the appointment of his executors in the year 1885; that George Bybee, as devisee, had received of the personal estate of his father more than $300 - and described this house and lot in Glasgow, Ky., for the purpose of obtaining a lien on it, and enforcing appellants' liability as devisees under their father's will, as provided by sections 2084, 2089, Ky. St. 1809. To be continued next week. Sandi Sandi's Puzzlers: http://www.gensoup.org/gorinpuzzles/index.php Sandi's site: http://ggpublishing.tripod.com/ Archives: http://archiver.rootsweb.ancestry.com/th/index?list=south-central-kentucky

    12/09/2011 01:13:29