Cromie v. Bull
Court of Appeals of Kentucky
Case 105 — TRUSTS AND TRUSTEES APPEAL PROM THE LOUISVILLE CHANCERY COURT. So long as the trustee, under the will of the decedent, acts in good faith, and without fraud, he has the right, in his own discretion, to distribute ■ the whole or a part of each child’s portion of the fund, and his discretion, so exercised, can not be questioned or controlled by any court.
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Case 105 — TRUSTS AND TRUSTEES APPEAL PROM THE LOUISVILLE CHANCERY COURT. So long as the trustee, under the will of the decedent, acts in good faith, and without fraud, he has the right, in his own discretion, to distribute ■ the whole or a part of each child’s portion of the fund, and his discretion, so exercised, can not be questioned or controlled by any court. The jurisdiction of the court over the discretion of the trustee, so long as-there is no fraud, is wholly excluded. (Perry on Trusts, vol. 2, sec. 511; II., secs. 508, 511; Hill on Trustees, 488, 490, 495.) The English cases only…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
John Bull, of Louisville, died some years since, leaving surviving him his widow and four infant children. He was the owner of a large estate, including real estate and personalty, all of which he disposed of by a last will and testament that was, after his death, admitted to probate in the Jefferson county court. He left his widow an annuity of twelve thousand dollars, and gave to his children, with certain'limitations and restrictions, the balance of his estate. At the time of his death, and for years prior thereto, he was engaged in the…
2Cited by7 opinions
- Chenault's Guardian v. Metropolitan Life Ins.Court of Appeals of Kentucky (pre-1976) · 1932
- Rinker's Administrator v. SimpsonSupreme Court of Virginia · 1932
- Crutchfield v. Union Cent. Life Ins.Court of Appeals of Kentucky · 1902
- Hurst v. First Kentucky Trust Co.Kentucky Supreme Court · 1978
- Security Trust Co. v. AppletonCourt of Appeals of Kentucky (pre-1976) · 1946
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