Kasey v. Fidelity Trust Co.
Court of Appeals of Kentucky
CASE 61. — ACTION BY THE FIDELITY TRUST CO., EXECUTOR OF W. S.. KASEY, AND OTHERS FOR CONSTRUCTION OF THE WILL OF W.* S. KASEY, DECEASED. Appeal from Hardin Circuit Court. John Allen Dean, Special Judge. Pending the appeal defendant died, and the action was revived in the name of her executor.
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CASE 61. — ACTION BY THE FIDELITY TRUST CO., EXECUTOR OF W. S.. KASEY, AND OTHERS FOR CONSTRUCTION OF THE WILL OF W.* S. KASEY, DECEASED. Appeal from Hardin Circuit Court. John Allen Dean, Special Judge. Pending the appeal defendant died, and the action was revived in the name of her executor. POINTS OF LAW DISCUSSED IN THE BRIEF. 1. If a testator dispose of hi-s property under a will in contingent Ufe uses and other successions extending over a long period of time with reversion to his legal heirs s-o that the ulterior gifts may he considered invalid for remoteness, the validity of such…
1Opinion of the Court
Opinion of the Court by
Judge Barker
Affirming.
This action was instituted in the Hardin, circuit court hy the executor, Fidelity Trust Company, to obtain a judicial construction as to the validity of a trust established in' the will of W. S. Kasey, deceased. The trust in question is established in items 9 and 11 of the will, and they are as follows:
“Item Ninth. All of the rest and residue of my estate including United States and city of Louisville and other bonds I bequeath and devise to the Fidelity Trust and Safety Vault Company of Louisville, Kentucky, in trust for my niece, Emma F. Kasey,…
2Cases cited4 opinions
- Harvey v. BellCourt of Appeals of Kentucky · 1904
- Attorney General v. Wallace's DeviseesCourt of Appeals of Kentucky · 1847
- Thompson's Exr. v. BrownCourt of Appeals of Kentucky · 1903
- Breckinridge v. DennyCourt of Appeals of Kentucky · 1871
3Cited by14 opinions
- Russell v. TylerCourt of Appeals of Kentucky (pre-1976) · 1928
- Kratz v. Slaughter's Exrs.Court of Appeals of Kentucky · 1919
- Gooding v. Watson's TrusteeCourt of Appeals of Kentucky (pre-1976) · 1930
- Green's Admrs. v. Fidelity Trust Co.Court of Appeals of Kentucky · 1909
- Beall v. WilsonCourt of Appeals of Kentucky · 1912
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