Legal Opinion
Citizens' Trust Co. v. Fidelity Trust Co.
Court of Appeals of Kentucky
Decided February 4, 1910PublishedCited by 11 opinions
CASE 65. — ACTION BY THE FIDELITY TRUST COMPANY AS EXECUTOR OF THE WILL OF A. M. KASEY, DE- . CEASED, AGAINST THE CITIZENS’ TRUST COMPANY AS ADMINISTRATOR, &c., FOR THE CONSTRUCTION OF THE WILL — Appeal from ITardin Circuit Court. Weed S. Chele, Circuit Judge. Judgment for plaintiff, defendant appeals. —
1Opinion of the Court
Opinion of the Court by
Judge Lassing —
Affirming.
Two questions are raised by this appeal, first, the construction of the will of A. M. Kasey; and, second, is a perpetuity created by the seventh clause thereof? The following is the will under consideration:
“Item First — I appoint my brother, S. W. Kasey, executor of this my last will and request that he be allowed to qualify without giving security. If my said brother should for any reason fail or decline to qualify or should at any time cease to act as such executor, I appoint the Fidelity Trust and Safety Yault Company, of Louisville, Ky.,…
2Cited by11 opinions
- Phelps v. Stoner's AdministratorCourt of Appeals of Kentucky · 1919
- Radford v. Fidelity & Columbia Trust Co.Court of Appeals of Kentucky · 1919
- Watkins v. BennettCourt of Appeals of Kentucky · 1916
- Carroll v. Cave Hill Cemetery Co.Court of Appeals of Kentucky · 1916
- Todds' Guardian v. Todd's AdministratorsCourt of Appeals of Kentucky · 1913
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