Weakley v. Buckner
Court of Appeals of Kentucky
Case 84 — PETITION EQUITY- APPEAL FROM SHELBY CIRCUIT COURT. 1. By the terms of testator’s will the trust was to be terminated upon the happening of only one condition, which never happened.
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Case 84 — PETITION EQUITY- APPEAL FROM SHELBY CIRCUIT COURT. 1. By the terms of testator’s will the trust was to be terminated upon the happening of only one condition, which never happened. The trust, in order to carry out the intention of the testator, should continue at least during the life-time of Mrs. Horace Buckner. 2. If the trust is terminated, then Horace Buckner never had such an interest in the fund as would pass to his administrator, and become subject to distribution so as to give his widow one-third thereof absolutely. The trust ended with the death of J. Horace Buckner, and…
1Opinion of the CourtChief Justice Holt
The third section of the will of E. P. Buckner provides : “I have heretofore given to my son, J. Horace Buckner, by way of advancement, the sum of fifteen *458hundred dollars. In addition thereto, I now will and devise to my friend, Samuel T. Wilson, * * * the sum of twenty-nine hundred dollars, in security or cash, to be held by him in trust, and he shall loan or invest any part of it which may not be invested, and shall collect the income or dividend thereof, and shall pay the same, less the expense thereof and taxes thereon, to Mattie A. Buckner, the wife of J. Horace Buckner, for the benefit…
2Cited by6 opinions
- Anderson v. KemperCourt of Appeals of Kentucky · 1903
- Miller's Executors v. Miller's HeirsCourt of Appeals of Kentucky · 1916
- Suggett's Trustees v. PirtleCourt of Appeals of Kentucky · 1923
- Barrett v. PercivalCourt of Appeals of Kentucky · 1922
- Gillis v. LongWilliams County Court of Common Pleas · 1908
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