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OHIO VALLEY NATIONAL BANK OF HENDERSON v. EDWARDS

492 S.W.2d 195 (1973)

OHIO VALLEY NATIONAL BANK OF HENDERSON, Appellant, v. Evelyn EDWARDS et al., Appellees.

Court of Appeals of Kentucky.

March 23, 1973.

Attorney(s) appearing for the Case

King, Deep, Branaman, Hunt & Sheffer, Robert G. Hunt, Henderson, for appellant.

Thomas L. Withers, Mitchell, Withers & Neel, Henderson, for First National Bank of Henderson, Georgia-Pacific Corp., Pope & Talbot, Inc. and Evans Products Co.

Dorsey, Sullivan & King, Henderson, for appellee Evelyn Edwards, individually and as executrix of the will of E. Cecil Edwards.

CULLEN, Commissioner.

The primary issue here is whether a bank creditor of a decedent's insolvent estate lost its right to set off a deposit in the bank against the debt owed by the decedent to the bank. The circuit court denied the right of setoff and the bank has appealed.

When E.C. Edwards died on July 18, 1968, he had on deposit in the Ohio Valley National Bank of Henderson (hereinafter "the bank") the sum of $9,735.83. However, Edwards was indebted to...

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