Anderson v. Kemper
Court of Appeals of Kentucky
Case 30 — Action by Brown-Anderson against Eouisa A'. Kemper for the Termination of a Trust. Appeal from Jefferson cirouit court, chancery division. Judgment for Defendants and Plaintiff Appeals. STATEMENT OF QUESTION© DISCUSSED AND AUTHORITIES CITED. 1. The statute of limitation does not bar aj -subsisting and continuing trust. Sec. 2543, Ky. Stats. 2. A judgment on demurrer does not bar a subsequent suit based upon a cause of action.
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Case 30 — Action by Brown-Anderson against Eouisa A'. Kemper for the Termination of a Trust. Appeal from Jefferson cirouit court, chancery division. Judgment for Defendants and Plaintiff Appeals. STATEMENT OF QUESTION© DISCUSSED AND AUTHORITIES CITED. 1. The statute of limitation does not bar aj -subsisting and continuing trust. Sec. 2543, Ky. Stats. 2. A judgment on demurrer does not bar a subsequent suit based upon a cause of action. Birch v. Funk, .2 Met., 544. .3. Advice given hy a chancellor to a trustee where the basis of the trust is not before him, is no justification of the acts of…
1Opinion of the Court
Opinion of the court by
JUDGE O’REAR
Affirming.
Appellant had the title to certain unimproved city and rural property in Jefferson county prior to 1872, which had descended from his maternal grandfather. It was supposed to be worth about $9,000. In addition, he had about $5,000 of personal estate similarly derived, which went into-the hands of his father, James Anderson, Jr., as his guar*342<iian. The guardian settled with appellant., and paid him in full; indeed, overpaid him, as shown by the settlement made after appellant’s manhood. James Anderson, Jr., had six children — five daughters and the…
2Cases cited11 opinions
- Hellman v. McWilliamsCalifornia Supreme Court · 1886
- Ewing v. JonesIndiana Supreme Court · 1892
- Sargent v. BaldwinSupreme Court of Vermont · 1887
- Falk v. TurnerMassachusetts Supreme Judicial Court · 1869
- Ewing v. WarnerSupreme Court of Minnesota · 1891
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wylie v. BushnellIllinois Supreme Court · 1917
- Morse v. CommonwealthCourt of Appeals of Kentucky · 1908
- Brashear v. CommonwealthCourt of Appeals of Kentucky · 1917
- Fidelity & Columbia Trust Co. v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1937
- Beard v. BeardCourt of Appeals of Kentucky · 1917
8 more not listed; retrieve them via the Exa API.