Marshall's Trustee v. Rash
Court of Appeals of Kentucky
Case 20 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. A will devising certain property, “ subject to this condition, that my brother John’s part is to be held in trust for him by my brother William, who shall manage and control John’s part and pay to him only such part of the proceeds and profits as in his discretion the said William may think best,” does not vest in John such an estate as may be subjected to the payment of his debts.
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Case 20 — PETITION EQUITY APPEAL FROM HENDERSON CIRCUIT COURT. A will devising certain property, “ subject to this condition, that my brother John’s part is to be held in trust for him by my brother William, who shall manage and control John’s part and pay to him only such part of the proceeds and profits as in his discretion the said William may think best,” does not vest in John such an estate as may be subjected to the payment of his debts. (White v. Thomas, 8 Bush, 662; Davidson v. Kemper, 79 Ky., 5.) The estate willed comes within the provisions of the Gen. Stats., chap. 63, art. 1, sec.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OE THE COURT.
The second clause of the will of J. B. Marshall is as follows: “All the rest and residue of my estate, of every description, including what is left of my tract of land after laying off said fifty acres to Mrs. Hickman, I give and bequeath, subject to the payment of all my just debts, to my two brothers, Wm. J. Marshall and John H. Marshall, to be divided equally . between them, but subject to this condition: that my brother John’s part is to be held in trust for him by my brother William, who shall manage and control John’s part, and pay him only…
2Cases cited3 opinions
- Eastland v. JordanCourt of Appeals of Kentucky · 1813
- Davidson's ex'rs v. KemperCourt of Appeals of Kentucky · 1880
- White v. ThomasCourt of Appeals of Kentucky · 1871
3Cited by7 opinions
- Raynolds v. HannaU.S. Circuit Court for the District of Northern Ohio · 1893
- Montgomery v. OffuttCourt of Appeals of Kentucky · 1909
- Bland's Adm'r v. BlandCourt of Appeals of Kentucky · 1890
- Louisville Tobacco Warehouse Co. v. ThompsonCourt of Appeals of Kentucky · 1916
- Akers v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1921
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