Phillips v. Burton
Court of Appeals of Kentucky
Case 17 — ACTION AGAINST TRUSTEE FOR SETTLEMENT— APPEAL FROM MARION CIRCUIT COURT. 1. The compensation allowed the trustee was excessive.
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Case 17 — ACTION AGAINST TRUSTEE FOR SETTLEMENT— APPEAL FROM MARION CIRCUIT COURT. 1. The compensation allowed the trustee was excessive. It is three times as much as the trustee offered to charge his sister prior to the institution of the litigation. 2. The trustee mingled the trust funds with the funds coming to the beneficiary from her mother’s estate, and it seems to us, therefore, that the funds were not managed ini an ordinarily prudent manner. 3. It was error to compel the beneficiary to take the Wichita property. It was such an investment that no prudent trustee nor business man of…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion of the court.
John A. Burton died in 1874, leaving a widow and two sons and three daughters. He made a will by which, in effect, the children took portions! to which they were entitled under the laws of descent and distribution; and the only apparent reason for making the will was because the testator desired, seemingly, to give the widow something additional, and further desired to annex some restrictions to the devise to one of his daughters because her husband was not transacting business in Ms own name. The present controversy grows out of the provision…
2Cases cited4 opinions
- Clark v. AndersonCourt of Appeals of Kentucky · 1873
- Albro v. RobinsonCourt of Appeals of Kentucky · 1892
- Asay v. AllenIllinois Supreme Court · 1888
- Blair v. CommonwealthCourt of Appeals of Kentucky · 1892
3Cited by3 opinions
- Meier v. Union Trust Co., Exr.Indiana Court of Appeals · 1931
- Thompson v. First Nat. Bank of HarrodsburgCourt of Appeals of Kentucky (pre-1976) · 1928
- Schriver v. FrommelCourt of Appeals of Kentucky · 1919