U. S. Fidelity & Guaranty Co. v. Douglas' Trustee
Court of Appeals of Kentucky
CASE 49 - -ACTION BETWEEN THE UNITED STATES FIDELITY & GUARANTY CO. AND GEORGE L. DOUGLAS’ TRUSTEE AND BETWEEN WILLIAM D. CARTER, AND OTHERS AND ELLERBE W. CARTER AND OTHERS. — Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Prom the judgment plaintiffs appeal and P. M. Clark substituted trustee, prosecutes a cross appeal.
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CASE 49 - -ACTION BETWEEN THE UNITED STATES FIDELITY & GUARANTY CO. AND GEORGE L. DOUGLAS’ TRUSTEE AND BETWEEN WILLIAM D. CARTER, AND OTHERS AND ELLERBE W. CARTER AND OTHERS. — Appeal from Jefferson Circuit Court (Chancery Branch, First Division). Prom the judgment plaintiffs appeal and P. M. Clark substituted trustee, prosecutes a cross appeal. AUTHORITIES. ' 1. Whiait is the rule against Perpetuities? 2 Blackstone’s Cioimmentaries, 174; Williams on Real Property, 318; 1 Perry on Trusts, Sec. 381 (5th Ed.); 2 Underhill on Wlills, Sec. 883. Moore’s Truste.es v. Howe’s Heirs, 4 T. B. Mion.…
1Opinion of the Court
Opinion op the court by
Judge Lassing
— Reversing.
These two appeals grow ont of the same state of facts, and were heard together. The legal questions involved are interesting and important, and in order that they may be clearly understood we will state with more than ordinary detail the facts ont of which they arise.
In October, 1889, George L. Douglas died intestate in Jefferson county, Ky. ITe left one child, Mrs. William R. Carter, and five grandchildren, her issue, surviving him. At the time of his death Mrs. Carter was 55 years of age, and she died in July, 1908, leaving surviving her as…
2Cases cited3 opinions
- Austin v. . OakesNew York Court of Appeals · 1890
- Brown v. Columbia Finance & Trust Co.Court of Appeals of Kentucky · 1906
- Altrock v. VandenburghNew York Supreme Court · 1893
3Cited by29 opinions
- Congdon v. CongdonSupreme Court of Minnesota · 1924
- Blackford v. AndersonSupreme Court of Iowa · 1939
- Chenoweth v. BullittCourt of Appeals of Kentucky (pre-1976) · 1928
- Thurmond v. ThurmondCourt of Appeals of Kentucky · 1921
- Reuling's Extx. v. ReulingCourt of Appeals of Kentucky · 1910
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