Robinson's Committee v. Elam's Ex'r
Court of Appeals of Kentucky
Case 49 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. An express and continuing trust is not affected by limitation. (Gen. Stats., chap. 71, art. 4, seo. 20; Cholmondeley v. Clinton, 2 Jac. & "Walk. Ch., 1; Kane v. Bloodgood, 7 John’s Ch., 90; Coster v. Murray, 5 Johns. Ch„ 531; 16 Serg. & Rawle, 379; Talbott v. Todd, 5 Dana, 199; Lex. L. E. & M. Ins.
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Case 49 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. An express and continuing trust is not affected by limitation. (Gen. Stats., chap. 71, art. 4, seo. 20; Cholmondeley v. Clinton, 2 Jac. & "Walk. Ch., 1; Kane v. Bloodgood, 7 John’s Ch., 90; Coster v. Murray, 5 Johns. Ch„ 531; 16 Serg. & Rawle, 379; Talbott v. Todd, 5 Dana, 199; Lex. L. E. & M. Ins. Co. v. Page, &c., 17 B. M., 446; Manion’s Adm’r v. Eitzworth, 18 B. M., 601; Roberts v.' Roberts, 7 Bush, 104; Seymour v. Ereer, 8 Wall., 218; Lewis v. Hawkins, 23 Wall., 119.) So long as the relation of trustee and cestui que trust…
1Opinion of the Court
JUDGE HOLT
delivered the opinion op the court.
W. S. Elam qualified as the administrator of John J. Smith on March 10, 1864. The latter had been the administrator of his brother, William P. Smith. Elam made a settlement in the county court on April 21, 1866. In it he was credited with: “By amount set apart to pay W. P. Smith’s debts, $3,428.73.” The balance in his hands was fixed, apportioned among the heirs, and, as the evidence shows, paid to and receipted for by them. It was not, however, a final settlement. He made a second settlement in 1869, with a like distribution among the heirs, and a…
2Cases cited1 opinion
- Murrell's adm'r v. McAllisterCourt of Appeals of Kentucky · 1881
3Cited by17 opinions
- Cox v. SimmermanCourt of Appeals of Kentucky (pre-1976) · 1932
- Wilson v. MartinezWyoming Supreme Court · 1956
- Harper v. LambCourt of Appeals of Kentucky · 1924
- Blake v. WolfeCourt of Appeals of Kentucky · 1899
- Jolly v. MillerCourt of Appeals of Kentucky · 1906
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