Avery's Trustee v. Avery
Court of Appeals of Kentucky
Case 98 — PETITION EQUITY APPEAL EKOM LOUISVILLE LAW AN.D EQUITY COURT. 1. The deed of 1882 w as prima fade valid, and should not have been canceled without proof. A deed from child to parent is not presumptively fraudulent. (McHarry v. Irvine’s Ex’rs, 85 Ky , 346; Jenkins v. Page, 12 Peters, 241; Perry on Trusts, sec. 201; Story’s Eq.
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Case 98 — PETITION EQUITY APPEAL EKOM LOUISVILLE LAW AN.D EQUITY COURT. 1. The deed of 1882 w as prima fade valid, and should not have been canceled without proof. A deed from child to parent is not presumptively fraudulent. (McHarry v. Irvine’s Ex’rs, 85 Ky , 346; Jenkins v. Page, 12 Peters, 241; Perry on Trusts, sec. 201; Story’s Eq. Juris., sec. 309.) 2. The deed of 1887, though not prima facie valid, might have been vindicated by proof, and it was error to deny to appellants the right to do so. A trustee and cestui que trust may make a valid contract with reference to the trust property.…
1Opinion of the Court
'CHIEF JUSTICE HOLT
delivered the opinion op the court.
Prior to November 10, 1882, B. P. Avery gave to his son, the appellee, W. S. Avery, one hundred shares •of stock in the incorporated company, known as “B. P. Avery & Sons;” and at the date named the donee *616conveyed it in trust to his mother, the appellant, Susan H. Avery, with power of renunciation upon her part, to be held by her for his use, subject to the rights of his then creditors. He retained the entire equitable-, ownership; and it may fairly be presumed that a desire upon his part to secure the estate to himself from his then…
2Cited by4 opinions
- Munford v. PeeplesSupreme Court of Georgia · 1921
- Clay v. ThomasCourt of Appeals of Kentucky · 1917
- Fidelity & Columbia Trust Co. v. GwynnCourt of Appeals of Kentucky · 1925
- Miller's Executors v. Miller's HeirsCourt of Appeals of Kentucky · 1916