Krankel's v. Krankel
Court of Appeals of Kentucky
Case 97-—EQUITY— APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. The trust sought to be enforced in this case is invalid, (1st), because there is no identification of the fund sought to be declared in trust; and (2d), because the evidence is insufficient to show the donor’s intention to create such trust. Perry on Trusts, secs. 77, 96, 97; Roche v. George’s Exr., 93 Ky., 609; s. c. 13 Ky.
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Case 97-—EQUITY— APPEAL PROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. The trust sought to be enforced in this case is invalid, (1st), because there is no identification of the fund sought to be declared in trust; and (2d), because the evidence is insufficient to show the donor’s intention to create such trust. Perry on Trusts, secs. 77, 96, 97; Roche v. George’s Exr., 93 Ky., 609; s. c. 13 Ky. Law Rep., 493; Barkley, &c. v. Lane’s Exr., 6 Bush, 587; Williamson v. Yeager, 91 Ky., 282; 13 Ky. Law Rep., 273; Pomeroy’s Equity (1892 Ed.), sec. 997; Young v. Young, 80 N. Y., 422-436; s. c. 36…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the ootjbt.
The executrix of Magdalena Krankel prosecutes this appeal from a judgment holding that $1,000, which had been received by her from a policy of insurance on the life of her son Charles, was subject to a trust in favor of her grandson, the appellee. In 1884 Charles Krankel, at that time a bachelor, residing with his father and mother, took out a policy of insurance on his life for $2,000 in the Knights of Honor, which he had made payable to them. He regularly paid the dues on this policy until he died, in 1892, leaving a widow and a son, Charles…
2Cases cited3 opinions
- Williamson v. YagerCourt of Appeals of Kentucky · 1891
- Roche v. George's Ex'orCourt of Appeals of Kentucky · 1893
- Barkley v. Lane'sCourt of Appeals of Kentucky · 1869
3Cited by17 opinions
- Graham's Administrator v. EnglishCourt of Appeals of Kentucky · 1914
- Deleuil's Executors v. DeleuilCourt of Appeals of Kentucky (pre-1976) · 1934
- Marshall's Administrator v. MarshallCourt of Appeals of Kentucky · 1913
- Dick v. Harris' ExorCourt of Appeals of Kentucky · 1911
- Drake v. Security Trust Co.Court of Appeals of Kentucky · 1924
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