Potter v. Connecticut Mutual Life Insurance Co.

PALMORE, Judge.

This case involves the running of limitations, despite the alleged saving effect of KRS 413.340, when a trustee purports to hold under a trust arrangement inconsistent with the right of immediate and exclusive possession theretofore vested in some of the beneficiaries of the purported trust.

By a will probated in 1928 Charles Potter left a substantial estate to his widow, Ruth Potter, “for and during her natural life, she to use the income therefrom, and so much of the principal as seems necessary for her comfort,” with remainder upon her death to their two children Josephine…