Smallwood v. Boyd

MORRIS, .Commissioner.

On former appeal we reversed a judgment which awarded the fund in question to appellee, administratrix of her deceased husband’s estate, holding specifically that the court should have dismissed her petition. We remanded the case “for consistent proceedings.” Smallwood v. Boyd, 314 Ky. 763, 237 S.W.2d 66, 68. The facts are fully stated in our opinion. Mandate issued in conformity and when filed appellant tendered a judgment dismissing the petition, adjudging that the transaction involved created a valid trust, and providing that appellant might qualify as trustee and…