Trimble's Ex'r v. Lebus
Court of Appeals of Kentucky
Case 41 — PETÍTION EQUITY — 'The will, made and probated long before the act of April 29, 1890, was passed, vested appellant as executrix with full power, at her own discretion, to sell the stock and invest the proceeds, and she could not he deprived of that vested right, or controlled, by the act in question, or any.act passed by the Legislature after that right vested in her. 'The ICenton Chancery Court is the only court of competent jurisdiction to decree a sale of this…
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Case 41 — PETÍTION EQUITY — 'The will, made and probated long before the act of April 29, 1890, was passed, vested appellant as executrix with full power, at her own discretion, to sell the stock and invest the proceeds, and she could not he deprived of that vested right, or controlled, by the act in question, or any.act passed by the Legislature after that right vested in her. 'The ICenton Chancery Court is the only court of competent jurisdiction to decree a sale of this stock, or to confirm a sale already made by the executrix. (Act of April 29,1890, Acts 1889-1890, vol. 1, p..115.)
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT
Mary A. Trimble, executrix of the will of her husband, W. W. Trimble, who died in Kenton county, where said will was recorded, brought this action in the Harrison Circuit Court to recover of Lewis Lebus five thousand five hundred dollars, price of *305fifty shares of stock of the Farmers’ National Bank ■of Cynthiana, Kentucky, belonging to the estate of her deceased husband, that she alleges she had previously sold to the defendant.
It is stated in the petition the plaintiff tendered to defendant certificates of the stock in writing thereon assigned to…
2Cited by5 opinions
- Reily v. FleeceCourt of Appeals of Kentucky (pre-1976) · 1935
- Chappell v. ChappellCourt of Appeals of Kentucky · 1907
- Crenshaw v. Ware's Exor.Court of Appeals of Kentucky · 1912
- Colwell v. HollidayCourt of Appeals of Kentucky (pre-1976) · 1933
- Linthecum v. Vowels' Exr.Court of Appeals of Kentucky · 1904