Boreing v. Faris
Court of Appeals of Kentucky
CASE 10. — ACTION BY JOHN B. FARIS AND ANOTHER TRUSTEES' OF HENRY CLAY FARIS, AN INCOMPETENT, AGAINST THE EXECUTORS OF VINCENT BOREING, DECEASED, FOR A SETTLEMENT OF HIS ACCOUNTS AS FORMER TRUSTEE OF SAID INCOMPETENT. Appeal from Laurel Circuit Court. H. C. Faulkner, Circuit Judge. Judgment for plaintiffs-, defendants appeal— The grounds we rely on for reversal are as fo^ows: 1. The judgment is expressly prohibited by sections 3870, 3872 and 3874 of Ky.
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CASE 10. — ACTION BY JOHN B. FARIS AND ANOTHER TRUSTEES' OF HENRY CLAY FARIS, AN INCOMPETENT, AGAINST THE EXECUTORS OF VINCENT BOREING, DECEASED, FOR A SETTLEMENT OF HIS ACCOUNTS AS FORMER TRUSTEE OF SAID INCOMPETENT. Appeal from Laurel Circuit Court. H. C. Faulkner, Circuit Judge. Judgment for plaintiffs-, defendants appeal— The grounds we rely on for reversal are as fo^ows: 1. The judgment is expressly prohibited by sections 3870, 3872 and 3874 of Ky. Stats, as the expurgatory affidavit required by those sections was not made or filed by appellees before rendition of the judgment. 2. The…
1Opinion of the Court
Opinion ' op the Court by
Judge Hobson
Affirming.
James Ml. Paris by his will, dated November 25, 1885, made the following provision for his son, Henry Clay Paris: “As my son Henry Clay Paris is not deemed of sufficient mind to manage his part of my estate and to insure to him the benefit of same, it is my desire that the Laurel county court at the time of my death or as soon as practicable thereafter shall appoint a trustee or guardian to take charge of and hold in trust for him the one thousand dollar note with accrued interest to that date that I hold on the Altamont Coal Company, with C.…
2Cases cited1 opinion
- Fox v. Apperson'sCourt of Appeals of Kentucky · 1869
3Cited by7 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- In Re the Estate of CampbellHawaii Supreme Court · 1963
- Ohio Casualty Ins. Co. v. Farmers Bank of Clay, KentuckyCourt of Appeals for the Sixth Circuit · 1949
- Tapp v. ReynoldsCourt of Appeals of Kentucky · 1964
- R. C. Tway Mining Co. v. TyreeCourt of Appeals of Kentucky · 1919
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