Sale v. Thornberry
Court of Appeals of Kentucky
Case 40 — PETITION EQUITY APPEAL PROM LOUISVILLE CHANCERY COURT. A devise in fee-simple, coupled with a request that the devisee shall “ see that the interests of our children are protected,” raises a trust in favor of the children. (Bohon v. Barrett, 79 Ky., 378.) The words of the will do not create a precatory trust of such definite and certain character as to authorize its enforcement in favor of the children.
1Opinion of the CourtChief Justice Pryor
John J. Thornberry, of the city of Louisville, departed this life some years since, leaving a last will and testament, and Ms widow and two children surviving Mm. After making certain 'specific devises to Ms clrildren, he devised all the balance of his estate to his wife in the following manner :
“All the rest and residue of my estate, both real, personal and mixed, I 'give and bequeath unto my beloved wife Lutie Thornberry, in her own right in fee-simple. I only make this request of her, and *267only as a request, for I feel that her own kind heart and good judgment will prompt her to do so…
2Cases cited1 opinion
- Bohon v. Barrett's ex'rCourt of Appeals of Kentucky · 1881
3Cited by6 opinions
- Shaver v. WeddingtonCourt of Appeals of Kentucky (pre-1976) · 1932
- Williams v. Williams' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
- Gross v. SmartCourt of Appeals of Kentucky · 1920
- Webster v. WathenCourt of Appeals of Kentucky · 1895
- Fidelity Trust & Safety Vault Co. v. WalkerCourt of Appeals of Kentucky · 1903
1 more not listed; retrieve them via the Exa API.