Roche v. George's Ex'or
Court of Appeals of Kentucky
Case 103 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT. To fasten a trust on property by parol declaration it is only necessary that the language used clearly and explicitly manifests the owner’s purpose to transfer the right, and points out with certainty both the subject of the trust and the person who is to take the beneficiary interest. (Snell’s Principles of Equity, 98; Bispham’s Principles of Eq., secs.
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Case 103 — PETITION EQUITY APPEAL PROM PAYETTE CIRCUIT COURT. To fasten a trust on property by parol declaration it is only necessary that the language used clearly and explicitly manifests the owner’s purpose to transfer the right, and points out with certainty both the subject of the trust and the person who is to take the beneficiary interest. (Snell’s Principles of Equity, 98; Bispham’s Principles of Eq., secs. G4-5 ; Pomeroy’s Eq., secs. 997-1009; Hill on Trustees, 55; Lewin on Trusts, 56; Fisher v. Fields, 10 John., 504 ; 2 Fonb. Eq., 36, and note; 3 Yes. Jr., 9; Barkley v. Lane’s…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
The testator, J. W. George, died in Eayette county in the year 1887. He left a will that was executed in January, 1886, and a codicil annexed in January, 1887. He held a note on his brother-in-law, J. M. Roche, for twenty-five hundred dollars, dated on the 21st of January, 1884, and made payable at the banking house of D. A. Sayre & Co., at Lexington. This note is not specially mentioned in his will, but would pass under the general devise made to his wife and children, if not otherwise disposed of. He accumulated a very large estate, and shortly…
2Cases cited3 opinions
- Williamson v. YagerCourt of Appeals of Kentucky · 1891
- Barkley v. Lane'sCourt of Appeals of Kentucky · 1869
- Southerland v. Southerland's adm'rCourt of Appeals of Kentucky · 1869
3Cited by30 opinions
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- Lee v. BelknapCourt of Appeals of Kentucky · 1915
- Rudd v. GatesCourt of Appeals of Kentucky · 1921
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