Hughart v. Spratt
Court of Appeals of Kentucky
Case 64—PETITION EQUITY APPEAL FROM BATH COURT OF COMMON PLEAS. It being- the intention of the testator that the profits of the daughter’s, estate should be expended in her support, the mother, having maintained her, should not be charged with the rent of her land. The mother controlled her daughter’s estate as trustee, and not as. guardian; but admitting that she acted as guardian, having supported the daughter, she should not be charged with the rent of her estate.
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Case 64—PETITION EQUITY APPEAL FROM BATH COURT OF COMMON PLEAS. It being- the intention of the testator that the profits of the daughter’s, estate should be expended in her support, the mother, having maintained her, should not be charged with the rent of her land. The mother controlled her daughter’s estate as trustee, and not as. guardian; but admitting that she acted as guardian, having supported the daughter, she should not be charged with the rent of her estate. The guardian is properly charged with the rents and profits of her-daughter’s estate, and the credits allowed her are in excess…
1Opinion of the CourtChief Justice Pryor
In the year 1854 Jacob Henry, a resident of the county of Bath, died, leaving surviving him his widow and two. children, to whom he devised a part of his estate. He had been previously married, and had other children, whose interests are not affected by this litigation. He left a last will, by which he devised to his widow ‘ ‘ the use and profit of the balance of my lands and negroes, except as hereinafter provided, during her natural life, for the purpose of her support' and education of her two children, Jacob and Eliza, <Ire., ......and, after her death, to Jacob and Eliza in fee;, and for…
2Cited by3 opinions
- Watson v. WatsonCourt of Appeals of Kentucky · 1919
- Funk's Guardian v. FunkCourt of Appeals of Kentucky · 1908
- Long v. LongNew York Supreme Court · 1893