Brown v. Brown's Admr.
Court of Appeals of Kentucky
CASE 14 — ACTION BY MARY F. BROWN AGAINST DAVID BROWN’S ADMINISTRATOR TO ENFORCE A PAROL TRUST. — May 26. Appeal from Fleming Circuit Court. Jambs P. Harbeson, Circuit Judge. From a judgment dismissing the petition plaintiff appeals — That a trust may be created by parol and the title to the property so held,-vest and remain in the beneficiary by the mere declaration of the donar and trustee without -actual delivery, is well established. AUTHORITIES CITED. Amer. & Eng.
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CASE 14 — ACTION BY MARY F. BROWN AGAINST DAVID BROWN’S ADMINISTRATOR TO ENFORCE A PAROL TRUST. — May 26. Appeal from Fleming Circuit Court. Jambs P. Harbeson, Circuit Judge. From a judgment dismissing the petition plaintiff appeals — That a trust may be created by parol and the title to the property so held,-vest and remain in the beneficiary by the mere declaration of the donar and trustee without -actual delivery, is well established. AUTHORITIES CITED. Amer. & Eng. Ency. of Law, 1st Ed., vol. 8, p. 1323; Williamson v. Yager, 15 S. W., 660; Barkley v. Lane, 6 Bush, 589; Boche v. George’s…
1Opinion of the Court
Opinion op the Court by
Judge Barker
— Affirming.
The appellant’s cause of action is stated in the following excerpt from her petition: “Plaintiff says: That the estate of David Brown, her father, is indebted to this plaintiff in the sum of $500. That the claim arises in this wise: That during the lifetime of plaintiff’s mother, now deceased, her said mother was the owner of two slaves. That with her consent David Brown sold said slaves about 1847 to 1848 for the. sum of $500, and invested the proceeds thereof for the use and benefit of this plaintiff’s mother in a tract of land, taking the deed…
2Cases cited5 opinions
- Allen v. WithrowSupreme Court of the United States · 1884
- Williamson v. YagerCourt of Appeals of Kentucky · 1891
- Roche v. George's Ex'orCourt of Appeals of Kentucky · 1893
- Barkley v. Lane'sCourt of Appeals of Kentucky · 1869
- Krankel's v. KrankelCourt of Appeals of Kentucky · 1898
3Cited by7 opinions
- Graham's Administrator v. EnglishCourt of Appeals of Kentucky · 1914
- Drake v. Security Trust Co.Court of Appeals of Kentucky · 1924
- Frazee v. Phoenix National BankCourt of Appeals of Kentucky · 1914
- Dawson v. Dawson's AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1954
- May v. Smith's Admr.Court of Appeals of Kentucky · 1917
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