Legal Opinion

Maxwell's Committee v. Cen. Per. Bldg. & Loan Ass'n

Court of Appeals of Kentucky

Decided December 16, 1908Published

CASH 3. — ACTION BY THE CENTENNIAL PERPETUAL BUILDING & LOAN ASSOCIATION AGAINST DURANT MAXWELL’S ADMINISTRATOR, TO WHICH LOUISE MAXWELL AND HER COMMITTEE WERE MADE DEPENDANTS, POR A CONSTRUCTION OP A DEED. Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. , Judgment for plaintiff, defendant Louise Maxwell’s Committee appeals CLASSIFICATION OF AUTHORITIES. ,1. The duty of a parent to maintain his or her infant children, continue during the infancy of the child.

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CASH 3. — ACTION BY THE CENTENNIAL PERPETUAL BUILDING & LOAN ASSOCIATION AGAINST DURANT MAXWELL’S ADMINISTRATOR, TO WHICH LOUISE MAXWELL AND HER COMMITTEE WERE MADE DEPENDANTS, POR A CONSTRUCTION OP A DEED. Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. , Judgment for plaintiff, defendant Louise Maxwell’s Committee appeals CLASSIFICATION OF AUTHORITIES. ,1. The duty of a parent to maintain his or her infant children, continue during the infancy of the child. (Kent’s Commentaries, 2 vol., 190; Commonwealth of Ky. v. Willis, 7 Ky. La,w Rep. 677.) 2. If a deed creates a trust for…

1Opinion of the Court

Opinion op the Court by

Judge Settle

Affirming.

This appeal involves a construction of the following deed executed by Louise Maxwell October 20, 1885, to her sister, Jennie Stevens, as trustee for the grantor’s then infant children, Durant Maxwell, and Sally E. Maxwell, 13 and 11 years of age, respectively: “I, Louise Maxwell of the city of Covington, county of Kenton, State of Kentucky, do, for and in consideration of the love and affection I bear to my children, Durant Maxwell, 13 years of age, and Sallie E. Maxwell, 11 years of age, and the confidence I have and repose in my sister, Jennie…

2Cases cited3 opinions

  1. Prather v. McDowellCourt of Appeals of Kentucky · 1871
  2. Weakley v. BucknerCourt of Appeals of Kentucky · 1891
  3. Halley v. Winchester Diamond LodgeCourt of Appeals of Kentucky · 1895

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