Porter v. Citizens Fidelity Bank & Trust Co.

HOWARD, Judge.

This appeal involves three trusts in which the trustee, Citizens Fidelity Bank and Trust Company, requested a declaration of rights from the Jefferson Circuit Court. The trial court determined that even though the 1941 trust created by Albert Horner, hereinafter the Horner Trust, no longer had any corpus, that it had not terminated because it still had a valid trust purpose, that being a conduit for other property which might be given to it. It further held that the Fearson Trust created by Horner’s aunt, Margaret Horner Fear-son, in 1943 for the benefit of his children, Kay…