Calloway v. Smith

Opinion op the 'Court by

Judge Latimer

Affirming*.

This case presents the question as to whether or not trust funds in the hands of a trustee, with discretionary-power of alienation, can be subjected to the payment of the cestui’s debts.

Rose Smith by paragraph 2 of her will provided as follows: “I devise and bequeath all of my estate, or the proceeds thereof, as follows: To Horace H. Smith, Jr., Five-twelfths (5/12); to Rose Ann Smith, Gene C. Smith, Bettie Smith and Anna C. Smith, children of Mason Venner Smith, four-Twelfths (4/12), and to Mason C. Henry, my brother, of Dixon, Kentucky,…