Bohon v. Barrett's ex'r
Court of Appeals of Kentucky
Case 78 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The fourth clause of the testator’s will contains two requests of the nominated executor: 1. That he should take charge of, raise, and educate Lillie Barrett in his family. 2. That he should, out of the-funds in his hands, expend for her or settle upon her ten thousand dollars.
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Case 78 — EQUITY APPEAL FROM LOUISVILLE CHANCERY COURT. 1. The fourth clause of the testator’s will contains two requests of the nominated executor: 1. That he should take charge of, raise, and educate Lillie Barrett in his family. 2. That he should, out of the-funds in his hands, expend for her or settle upon her ten thousand dollars. This request was not to be binding, unless she should be-obedient to Thomas Barrett and his wife, conduct herself according to their wishes, and not to marry without their consent. These and: the other conditions she has fully performed. 2. A trust is created…
1Opinion of the Court
JUDGE HARGIS
delivered the opinion of the court.
John W. Barrett took Lillie Beeler, when she was but three years of his age, to his home, caused her name to be-changed to Lillie Barrett, and adopted her.
From that time until his death he recognized and cared for her as his own child.
He was unmarried, childless, and owned an esta.te worth about $15,000 when he died.
For several years before his death he and his adopted child Lillie were domiciled with his brother, the appellee, Thos. L. Barrett, whose estate is alleged to be worth $200,000.
*380Thus situated, he executed and published his last will…
2Cited by19 opinions
- Murphy v. CarlinSupreme Court of Missouri · 1892
- Security-First National Bank v. GreenCalifornia Court of Appeal · 1935
- Noe v. KernSupreme Court of Missouri · 1887
- Shaver v. WeddingtonCourt of Appeals of Kentucky (pre-1976) · 1932
- Leopold v. SochatCourt of Appeals of Texas · 1957
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