Hopkins' Adm'r v. Faeber
Court of Appeals of Kentucky
Case 34 — PETITION EQUITY APPEAL FROM HARRISON CHANCERY COURT. A beneficiary in a trust fund is not a competent witness for the trustee in an action against tlie personal representative to recover the fund.
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Case 34 — PETITION EQUITY APPEAL FROM HARRISON CHANCERY COURT. A beneficiary in a trust fund is not a competent witness for the trustee in an action against tlie personal representative to recover the fund. (Civil Code, subseo. 2, sec. 606.) 1. The issue presented by the pleadings being a common law issue, the judgment of the chancellor should be treated as the verdict of a properly instructed jury — not to be reversed unless palpably against the evidence. , (P. C. & St. L. R. R. Co. v. Woolley, 12 Bush, 453; Fraley v. Peters, 12 Bush, 470; Union Ins. Co. v. Groom, 4 Bush, 294.) 2. The…
1Opinion of the CourtChief Justice Pryor
delivered the opinion .of the court.
Ferdinand Faeber died in the county of Harrison, leaving a last will, and his widow with several children surviving him. He devised his estate to his wife for the purpose of educating and maintaining his children, with the provision that when his son arrived at twenty-one years of age there should be a division of his estate between his children, and in the meantime, if his daughters married, his widow was to give them as much of their share of the estate as she could spare.
The widow, after the death of her husband, having an intimate friend in the person…
2Cited by5 opinions
- Doty's Adm'r v. Doty's GuardianCourt of Appeals of Kentucky · 1904
- Combs v. RoarkCourt of Appeals of Kentucky · 1924
- Mitchell v. BradyCourt of Appeals of Kentucky · 1907
- Swinebroad v. BrightCourt of Appeals of Kentucky · 1903
- Whitlow's Admr. v. Whitlow's Admr.Court of Appeals of Kentucky · 1901