Carpenter v. Carpenter's Trustee
Court of Appeals of Kentucky
Case 73 — Action by E. A. Carpenter Against E. A. Carpenter’s Trustee to Vacate the Trust. APPEAL FROM HART CIRCUIT COURT-S. E. JONES, CIRCUIT JUDGE. From a Decree Dismissing the Petition Plaintiff Appeals.
Read the full summary
Case 73 — Action by E. A. Carpenter Against E. A. Carpenter’s Trustee to Vacate the Trust. APPEAL FROM HART CIRCUIT COURT-S. E. JONES, CIRCUIT JUDGE. From a Decree Dismissing the Petition Plaintiff Appeals. We hold that where an estate is placed in the hands of a trustee by the will of the testator for his son, because of the belief that the son is physically and mentally unable to manage and control the estate, the moment the beneficiary of such property held in trust can convince the chancellor that it was a mistaken idea or conception of the testator as to the son’s condition, or the…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
Affirming.
This action involves a construction of the following item of the will of John B. Carpenter, deceased: “(6) I direct the share of my son E. A. Carpenter to be paid into the hands of a trustee to be appointed by the Hart county court, to be used for his benefit and to keep him from want, but that it be not paid into his hands.” The Avill of the father was admitted to probate, and the appellee, Truax Sturgeon, appointed trustee by the Hart county court. Afterward the cestui que trust instituted this action in the Hart circuit court against his…
2Cases cited2 opinions
- Woolley v. PrestonCourt of Appeals of Kentucky · 1884
- Thomas v. HarknessCourt of Appeals of Kentucky · 1877
3Cited by11 opinions
- Winn v. WilliamCourt of Appeals of Kentucky (pre-1976) · 1942
- Fidelity & Columbia Trust Co. v. GwynnCourt of Appeals of Kentucky · 1925
- Underhill v. United States Trust CompanyCourt of Appeals of Kentucky (pre-1976) · 1929
- Cummings v. NunnCourt of Appeals of Kentucky (pre-1976) · 1942
- Blackburn v. BlackburnCourt of Appeals of Kentucky · 1915
6 more not listed; retrieve them via the Exa API.