Legal Opinion

Board of National Missions of Presbyterian Church in United States of America v. Harrel's Trustee

Court of Appeals of Kentucky

Decided February 3, 1956PublishedCited by 4 opinions

1Opinion of the Court

STANLEY, Commissioner.

The question is whether “or” in a testamentary trust is to be construed as a word of limitation or a word of extension of the duration of the trust.

Miss Carrie Harrel, a resident of Trenton, Todd County, prepared and executed a holographic will. Following other dispositions and directions, including the conversion of her estate into cash, she wrote:

“Two-thirds (⅜) of the total amount of all that I have left after fulfilling Sections I, III and IV, shall he held in trust by Bank of Trenton at Trenton, Ky., or by some other reputable Bank or Trust Co., designated by Bank…

2Cases cited2 opinions

  1. McCormick v. ReinbergerCourt of Appeals of Kentucky · 1921
  2. Rolf's and Leising's Gdn. v. Frischholz' Ex'rCourt of Appeals of Kentucky (pre-1976) · 1933

3Cited by4 opinions

  1. Daugherty v. TELEKKentucky Supreme Court · 2012
  2. Bowlin Group, LLC v. Secretary of LaborCourt of Appeals of Kentucky · 2014
  3. McKee v. JohnsonCourt of Appeals of Kentucky · 1958
  4. Daugherty v. TELEKKentucky Supreme Court · 2012

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