Walker v. Smyser's ex'rs
Court of Appeals of Kentucky
Case 114 — EQUITY THIS OPINION WAS SUSPENDED BY A PETITION FOR A REHEARING. APPEAL PROM LOUISVILLE CHANCERY COURT. 1. In a proceeding in a court to sell for reinvestment land held in trust for the separate use and benefit of a married woman during her life, with remainder over to her childreh, the children in esse at the time of such proceedings are necessary parties thereto. 2. A sale of such trust land for reinvestment by the Louisville chancery court, on the petition of…
Read the full summary
Case 114 — EQUITY THIS OPINION WAS SUSPENDED BY A PETITION FOR A REHEARING. APPEAL PROM LOUISVILLE CHANCERY COURT. 1. In a proceeding in a court to sell for reinvestment land held in trust for the separate use and benefit of a married woman during her life, with remainder over to her childreh, the children in esse at the time of such proceedings are necessary parties thereto. 2. A sale of such trust land for reinvestment by the Louisville chancery court, on the petition of the life tenant and her husband, against the trustee and life tenant as defendants, to which the infant remainder-men…
1Opinion of the Court
■CHIEF JUSTICE HARGIS
delivered the opinion of the court.
Mrs. Nannie Walker owned, as .her general estate, certain lands which she and her husband conveyed to her ■brother, James B. Burks, in trust for her separate use ■during life, and in remainder to her children.
The following provisions of the deed are material to the issues which are involved in this case, to-wit:
“First. The said James B. slTall hold said tracts, lots, and slaves and their increase, for the separate and sole use of said Nannie for and during her life, and after her death for her child or children.
“Secondly. In the event of…
2Cases cited2 opinions
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Berry v. HamiltonCourt of Appeals of Kentucky · 1849
3Cited by19 opinions
- Elliott v. FowlerCourt of Appeals of Kentucky · 1901
- Carpenter v. MoorelockCourt of Appeals of Kentucky · 1913
- Webb v. Webb's GuardianCourt of Appeals of Kentucky · 1917
- Wyatt's Trustee v. GriderCourt of Appeals of Kentucky · 1914
- Ford v. MayCourt of Appeals of Kentucky · 1914
14 more not listed; retrieve them via the Exa API.