Givens v. Flannery
Court of Appeals of Kentucky
Case 57 — ACTION ON EXECUTOR’S BOND 1. The surety of an executor is not responsible for a breach of trust duties imposed on the executor by the will. (Brandt on Surety-ship and Guaranty, Sec. 586 and note 8; Warfield v. Brand’s Admr., 13 Bush, 93; Jones v. A., T. & S. F. R. R. Co., 5 L. R. A., 538; Allen, etc., v. Kennedy, etc., 10 Ky. Law Rep., 336; Lasley’s Exr. v. Lasley, 1 Duv., 117; Mercer, etc., v. Glass’ Exr., 15 Ky.
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Case 57 — ACTION ON EXECUTOR’S BOND 1. The surety of an executor is not responsible for a breach of trust duties imposed on the executor by the will. (Brandt on Surety-ship and Guaranty, Sec. 586 and note 8; Warfield v. Brand’s Admr., 13 Bush, 93; Jones v. A., T. & S. F. R. R. Co., 5 L. R. A., 538; Allen, etc., v. Kennedy, etc., 10 Ky. Law Rep., 336; Lasley’s Exr. v. Lasley, 1 Duv., 117; Mercer, etc., v. Glass’ Exr., 15 Ky. Law Rep., 710; 91 Mich., 188; 37 Maine, 264; Perry on Trusts, sec. 281; Warren v. Benton’s Trust., 3 Ky. Law Rep., 332. 2. A cestui que trust who knowingly- suffers the…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion of the court.
The will of "Dr. George W. Givens contains the following clause: “I also direct my executors to invest and retain-under their control and management the sum of one thous- and dollars, and to pay over from time to time to said Sarah Givens, for and during her natural life, the annual interests or profits therefrom, and at her death to pay the same to the daughters of said Samuel and Sarah Givens, *453or survivor or survivors.” The executors named in the will failed to qualify, and on August 2, 1881, William E. McAfee qualified as administrator with…
2Cases cited3 opinions
- Warfield v. Brand's adm'rCourt of Appeals of Kentucky · 1877
- Neely v. MerrittCourt of Appeals of Kentucky · 1872
- Lasley's ex'or v. LasleyCourt of Appeals of Kentucky · 1863
3Cited by5 opinions
- Schlickman v. Citizens' Nat. BankCourt of Appeals of Kentucky · 1910
- Crenshaw v. Ware's Exor.Court of Appeals of Kentucky · 1912
- Williams' Adm'r v. Vonderhaar's Ex'xCourt of Appeals of Kentucky (pre-1976) · 1935
- Jarboe v. GriffithCourt of Appeals of Kentucky · 1912
- Moberley's Guardian v. Mt. Sterling National BankCourt of Appeals of Kentucky · 1920