Legal Opinion

Johnson v. Jacob

Court of Appeals of Kentucky

Decided January 26, 1876PublishedCited by 20 opinions

Cases 15-20 — PETITION EQUITY APPEALS PROM LOUISVILLE CHANCERY COURT. CITED Fearne on Rem., chap. 1, sec. 2, s. p. 5. Gen. Stats., chap. 8, art. 5, sec. 6; chap. 63, art. 5, sec. 5. Perry on Trusts, sec. 544, pp. 484 and 486. 4 Bush, 110, Jacob v. Jacob. 8 Bush, 115, Feltman v. Butts. 2 Jarman on Wills, side p. 13. 6 Bush, 648, Brown v. Brown. 4 Kent, 233. -Salk. 229. 5 B. Mon. 427, Adair, &c. v. Smith. 1 Haywood N. C. 234, Glasgow v. Flowers. 2 Hare’s Eng. Oh.

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Cases 15-20 — PETITION EQUITY APPEALS PROM LOUISVILLE CHANCERY COURT. CITED Fearne on Rem., chap. 1, sec. 2, s. p. 5. Gen. Stats., chap. 8, art. 5, sec. 6; chap. 63, art. 5, sec. 5. Perry on Trusts, sec. 544, pp. 484 and 486. 4 Bush, 110, Jacob v. Jacob. 8 Bush, 115, Feltman v. Butts. 2 Jarman on Wills, side p. 13. 6 Bush, 648, Brown v. Brown. 4 Kent, 233. -Salk. 229. 5 B. Mon. 427, Adair, &c. v. Smith. 1 Haywood N. C. 234, Glasgow v. Flowers. 2 Hare’s Eng. Oh. Rep. 144, Caldecott v. Brown. 3 Allen, 121, Russell v. Loring. 15 B. Mon. 29, Walters v. Crutcher. 18 B. Mon. 329, Williamson v.…

1Opinion of the Court

JUDGE LINDSAY

delivered the opinion op the court.

The 11th clause of the will of the late John I. Jacob is in these words: “The share of my estate allotted, to my son William Robertson Jacob shall be retained by my executors, paying to him during his life quarter-yearly the net proceeds of the rents and profits thereof, after deducting repairs, insurance, and taxes, with power to sell any unimproved property in his share for the purpose of investing the proceeds in permanent improvements; but he shall have no power to sell or encumber any part of the estate so allotted or the profits thereof,…

2Cases cited2 opinions

  1. Feltman v. ButtsCourt of Appeals of Kentucky · 1871
  2. Jacob v. JacobCourt of Appeals of Kentucky · 1868

3Cited by20 opinions

  1. Bunting v. SpeekSupreme Court of Kansas · 1889
  2. Mercantile Bank of New York v. Ballard's AssigneeCourt of Appeals of Kentucky · 1885
  3. Calloway v. CallowayCourt of Appeals of Kentucky · 1916
  4. Lowe v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1928
  5. Ætna Life Ins. v. HoppinCourt of Appeals for the Seventh Circuit · 1914

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