Enders' Ex'r v. Tasco
Court of Appeals of Kentucky
Case 4 — PETITION EQUITY APPEAL ESO^E LOUISVILLE LAW AND EQUITY COURT The will of Joseph Enders does not create a trust in favor of appellee. Words of recommendation or request in a will do not create a trust, where the testator expressly declares that no trust is intended.
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Case 4 — PETITION EQUITY APPEAL ESO^E LOUISVILLE LAW AND EQUITY COURT The will of Joseph Enders does not create a trust in favor of appellee. Words of recommendation or request in a will do not create a trust, where the testator expressly declares that no trust is intended. (Hill on Trustees, side p. 72; Perry on Trusts, sec. 115.) This case does not come within the rule laid down in Bohon v. Barrett’s Ex’r, 79 Ky. 1. The intention of the testator, to be collected from the whole will, must prevail. (Webb v. Webb, 12 B. M., 47; Daniel v. Thomson, 14 B. M., 672; Augustus v. Seabolt, 3 Met.,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The second clause of Joseph Enders’ will is as follows : “All the rest and residue of my*estate, real, personal and mixed, after the payment of my just debts and funeral expenses, I will, devise and bequeath to my dear wife, Candace J. Enders, to have, control, use and enjoy as her own absolute property, if she should survive me *19long enough to enjoy or take possession or control of the same; and, in the event of her surviving me, it is-my desire that it may suit her pleasure, and if so, I request, but without intending to create any trust…
2Cases cited1 opinion
- Bohon v. Barrett's ex'rCourt of Appeals of Kentucky · 1881
3Cited by7 opinions
- Cooke v. KingOregon Supreme Court · 1936
- Williams v. Williams' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
- Gross v. SmartCourt of Appeals of Kentucky · 1920
- Fidelity Trust & Safety Vault Co. v. WalkerCourt of Appeals of Kentucky · 1903
- Cooke v. KingOregon Supreme Court · 1936
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