Hite's Devisees v. Hite's
Court of Appeals of Kentucky
Case 42 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. As between life tenants and remaindermen, the doctrine of equitable conversion will not be applied to the proceeds derived from the sale of unproductive realty or personalty, in the absence of an express direction to, or duty resting upon, the trustees to sell. If the trustees are given a discretion to sell, no equitable conversion can be worked.
Read the full summary
Case 42 — PETITION EQUITY APPEAL FROM LOUISVILLE LAW AND EQUITY COURT. 1. As between life tenants and remaindermen, the doctrine of equitable conversion will not be applied to the proceeds derived from the sale of unproductive realty or personalty, in the absence of an express direction to, or duty resting upon, the trustees to sell. If the trustees are given a discretion to sell, no equitable conversion can be worked. (Pomeroy's Equity Jurisprudence, sec. 1160, vol. 3, sec. 136, Note; Wright v. Trustees M. E. Church, 1 Hoff. Chy., 219; White v. Howard, 46 N. Y., 162; Gourley v. Campbell, 66…
1Opinion of the CourtChief Justice Holt
The questions in this case arise between tenants for life, and remaindermen.
The will of W. C. Hite provides;
1. “I nominate and appoint my friend, Thomas L. *261Barret, and my son, William W. Hite, my executors and trustees, and devise and bequeath to them my entire estate, real, personal, and mixed, in possession, remainder, or reversion, and wherever situated, for the purposes and upon the trusts herein indicated. I give them full power and authority to sell, convey, and reconvey in their discretion, any real estate which I may own, or any which they may purchase for my estate. I give them full…
2Cases cited1 opinion
- In Re the Final Accounting of KernochanNew York Court of Appeals · 1887
3Cited by72 opinions
- Tax Commissioner v. PutnamMassachusetts Supreme Judicial Court · 1917
- Nirdlinger's EstateSupreme Court of Pennsylvania · 1927
- McLouth v. . HuntNew York Court of Appeals · 1897
- Hayes v. St. Louis Union Trust Co.Supreme Court of Missouri · 1927
- Kalbach v. ClarkSupreme Court of Iowa · 1907
67 more not listed; retrieve them via the Exa API.