Coleman, &c. v. O'Leary's Exr.
Court of Appeals of Kentucky
.Case 46 — Petition by Thomas F. Coleman and Others v. John D, O’Leary’s Exr. and Others, to have Certain Clauses of Decedent’s Will Declared Void. — Dec. 17. APPEAL FROM JEFFERSON CIRCUIT COURT, LAW ANjD EQUITY DIVISION.
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.Case 46 — Petition by Thomas F. Coleman and Others v. John D, O’Leary’s Exr. and Others, to have Certain Clauses of Decedent’s Will Declared Void. — Dec. 17. APPEAL FROM JEFFERSON CIRCUIT COURT, LAW ANjD EQUITY DIVISION. From the Decree Rendered Plaintiffs Appeal. 1. It is a well recognized principle of equity that no trust ■shall fail for the want of a trustee, so that when this provision was placed in' our statute of charities it was only declaring the law as already settled. It is an equally well settled principle that there can be no trust at all without a cestui que trust, or…
1Opinion of the Court
Opinion of the court by
JUDGE DURELLE
— Reversing.
This appeal is to determine the validity of six clauses of the last will and testament of John D. O’Leary, a respected citizen and resident of Jefferson county. The will was a holograph. Certain of its provisions were held by the county judge to have been canceled and revoked. With the exception of the canceled clauses, it was admitted to probate. Appellant Thomas F. Coleman, suing for himself and for the heirs at law of John D. O’Leary, as a class, filed his bill, praying that the will be adjudged void as a whole; that the devises contained in…
2Cases cited12 opinions
- Holland v. . AlcockNew York Court of Appeals · 1888
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Hoeffer v. CloganIllinois Supreme Court · 1898
- Gass v. WilhiteCourt of Appeals of Kentucky · 1834
- Spalding v. St. Joseph's Industrial SchoolCourt of Appeals of Kentucky · 1899
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3Cited by32 opinions
- Hilen v. HaysKentucky Supreme Court · 1984
- Estate of HamiltonCalifornia Supreme Court · 1919
- Russell v. TylerCourt of Appeals of Kentucky (pre-1976) · 1928
- In Re Ziegner's EstateWashington Supreme Court · 1928
- Board of Trustees of Methodist Episcopal Church, South v. MaySupreme Court of Missouri · 1907
27 more not listed; retrieve them via the Exa API.