Aydelott v. Breeding
Court of Appeals of Kentucky
Case 95 — Action by R. G. Aydelott v. A. M. Breeding to have the Court Determine if Plaintiff is or not Liable for a Loss Resulting from: an Investment of Trust Funds by Him. APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION.
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Case 95 — Action by R. G. Aydelott v. A. M. Breeding to have the Court Determine if Plaintiff is or not Liable for a Loss Resulting from: an Investment of Trust Funds by Him. APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. Judgment for Defendant and Plaintiff Appeals. 4. It was proper to withhold commission from a trustee, until he should make good a loss resulting from an improper investment J of the trust funds by him. 5. The acquiescence of the cestui que trust in an investment of trust funds forbidden by statute does not relieve tbe trustee from liability for. loss resulting…
1Opinion of the Court
Opinion of the court by
JUDGE GUFFY
Affirming.
By the will of Catherine Aydelott the appellant was devised certain property in trust for the appellee, Addie M. Breeding, upon the conditions that he or his successor should hold, manage, control, invest, and reinvest the same, and the proceeds of any and all sales thereof, and pay over to the daughter, Addie M. Breeding, all of the income arising from and issuing out of same, after payment of taxes and other charges thereon; the same to be for her sole and separate and exclusive use during- each and every year of her life, to be received and held…
2Cases cited1 opinion
- Fidelity Trust & Safety Vault Co. v. GloverCourt of Appeals of Kentucky · 1890
3Cited by5 opinions
- Bryan v. Security Trust Co.Court of Appeals of Kentucky (pre-1976) · 1943
- American National Bank of Beaumont v. BiggsCourt of Appeals of Texas · 1954
- International Trust Co. v. PrestonWyoming Supreme Court · 1916
- Gee v. WomackCourt of Appeals of Kentucky · 1924
- American National Bank of Beaumont v. BiggsCourt of Appeals of Texas · 1954