Legal Opinion

Clemens v. Caldwell

Court of Appeals of Kentucky

Decided October 19, 1846PublishedCited by 1 opinion

Error to the Mercer Circuit. Chancery. Case 45. Case stated. Interlocutory decree of the Circuit Court.. First'answer of James- Clemens, Jr. Amendfed1 Bill. Seeond answer of J. Clemons, Jr. Second amended bill.

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Error to the Mercer Circuit. Chancery. Case 45. Case stated. Interlocutory decree of the Circuit Court.. First'answer of James- Clemens, Jr. Amendfed1 Bill. Seeond answer of J. Clemons, Jr. Second amended bill. Third answer of J. Clemens, Jr. Decree of thes Circuit Court,. An administrator with the will annexed, becomes a trustee in the place of an executor refusing to qualify, and is responsible as such, and amenable to the jariadiction of the Chancellor who may remove him as trustee of a a devise, and appoint another. The failure of a trustee to invest the fund as directed, and the use…

1Opinion of the Court

Judge Bkeck

delivered the opinion of the Court.

Thomas Clemens, by his last will, which was admitted to record in the Mercer County Court, in 1826, devised one third of his estate to the children of his sister, Elizabeth Caldwell, then the wife of Charles Caldwell, and directed that it should be converted by the trustee therein named, into cash and vested in good United States government stock, and the interest arising therefrom to be also invested in the like stock, until the children of said Elizabeth should attain the age of twenty one years, when the whole amount, principal and interest,…

2Cases cited1 opinion

  1. Johnson v. BeauchampCourt of Appeals of Kentucky · 1837

3Cited by1 opinion

  1. Cavender v. CavenderSupreme Court of the United States · 1885

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