Fraser's ex'r v. Page
Court of Appeals of Kentucky
Case 10 — TRUSTEES APPEAL PROM ADAIR CIRCUIT COURT. iThis suit was originated by the executors. They came into court to be advised as to their duty. The question whether the conditional devise was valid was certainly a doubtful one, and one which they could not be expected to decide at their own risk. They are not to be held responsible for an erroneous judgment. (Perry on Trust, see. 928; 1 Met., Mass.
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Case 10 — TRUSTEES APPEAL PROM ADAIR CIRCUIT COURT. iThis suit was originated by the executors. They came into court to be advised as to their duty. The question whether the conditional devise was valid was certainly a doubtful one, and one which they could not be expected to decide at their own risk. They are not to be held responsible for an erroneous judgment. (Perry on Trust, see. 928; 1 Met., Mass. Kep., 207.) The court below erred in overruling appellant’s motion to file the-amended petition, suggesting that there was still land enough in the-hands of the divisees to make the Pages…
1Opinion of the Court
JUDGE PTtYOK
delivered the opinion of the court.
The original action in this case was instituted by the executors of Wm. Fraser, deceased, asking for a construction of his will in order that they might distribute-the estate between those entitled. All the parties in interest were made defendants, and a judgment rendered, determining that one of the divisees was not entitled, and a distribution directed to be made.. The court below excluded the devisee, Eunice C. Page, a daughter of the testator, upon the ground that the conditional devise to her was void. (The case is reported in 14 Bush, page…
2Cited by8 opinions
- Cowie v. StrohmeyerWisconsin Supreme Court · 1912
- Bridges v. McAlisterCourt of Appeals of Kentucky · 1899
- Warner v. MettlerIllinois Supreme Court · 1913
- Porter v. SmallOregon Supreme Court · 1912
- Chapman v. Northern Trust Co.Illinois Supreme Court · 1921
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