Legal Opinion

Mandel v. Fidelity Trust Co.

Court of Appeals of Kentucky

Decided February 25, 1908PublishedCited by 5 opinions

CASE 21. — SUIT BY THE FIDELITY TRUST CO. AS EXECUTOR OF THOS. WALSH, DECEASED, AND OTHERS, TO SETTLE THE ESTATE IN WHICH E. V. AND MOSES MANDEL FILED EXCEPTIONS TO THE REPORT OF SALE. — Appeal, from Jefferson Circuit Court; (Chancery Branch, First Division). Shackelford Miller, Judge. Judgment for plaintiffs, defendants appeal — POINTS AND AUTHORITIES. 1. Right of a life tenant with power of sale to enlarge the life estate into a fee simple estate.

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CASE 21. — SUIT BY THE FIDELITY TRUST CO. AS EXECUTOR OF THOS. WALSH, DECEASED, AND OTHERS, TO SETTLE THE ESTATE IN WHICH E. V. AND MOSES MANDEL FILED EXCEPTIONS TO THE REPORT OF SALE. — Appeal, from Jefferson Circuit Court; (Chancery Branch, First Division). Shackelford Miller, Judge. Judgment for plaintiffs, defendants appeal — POINTS AND AUTHORITIES. 1. Right of a life tenant with power of sale to enlarge the life estate into a fee simple estate. (4 Kent, 535, 536.) 2. Right of one not a chief officer of a corporation to make ani affidavit in support of a warning order. (Subsec. 33, of…

1Opinion of the Court

Opinion of the Court by

Judge Lassing

Affirming.

In a suit brought by the Fidelity Trust Company in the Jefferson circuit court to settle the estate of Thomas Walsh, deceased, E. Y. and Moses Mandel became the purchasers of certain real estate. They filed exceptions to the report of sale upon three grounds: First, that there was a defect of title in the decedent; second, that the affidavit for a warning order was not made by the chief officer of the trust company; and, third, that under the act of 1906 the State had a lien upon the real estate of decedent to secure it in the amount of the…

2Cases cited1 opinion

  1. Coats' Ex'r v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1891

3Cited by5 opinions

  1. St. Matthews Bank v. De CharetteCourt of Appeals of Kentucky (pre-1976) · 1935
  2. Campbell v. FowlerCourt of Appeals of Kentucky (pre-1976) · 1928
  3. Henriott v. CoodCourt of Appeals of Kentucky · 1913
  4. Talbot v. the PeopleIllinois Supreme Court · 1930
  5. Moorman v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1941

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