Louisville Presbyterian Theo. Sem. v. Botto
Court of Appeals of Kentucky
Case 115 — Action by the Fidelity Trust & Safety Vault Co. fob a Settlement of the Estate of Mrs. William Botto, Deceased. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS FIRST DIVISION. From the Judgment Dismissing the Answer of the Seminary and Others, they Appeal. 'POINTS AND AUTHORITIES. First point.
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Case 115 — Action by the Fidelity Trust & Safety Vault Co. fob a Settlement of the Estate of Mrs. William Botto, Deceased. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS FIRST DIVISION. From the Judgment Dismissing the Answer of the Seminary and Others, they Appeal. 'POINTS AND AUTHORITIES. First point. Appellants, having a joint interest with others instituted proceedings whereby the common fund was preserved and recovered and brought, into court for distribution among the joint owners. Therefore, the fees and expenses incurred by appellants in recovering the fund should be allowed out of…
1Opinion of the Court
Opinion op the court by
CHIEF JUSTICE BURNAM
Reversing.
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James F. Irvin, a resident of Louisville, died in March, 1883, leaving surviving him his widow, Florence Irvin, and one son, Guy F. Irvin, an infant. He left a large estate in the hands of the trustees for the benefit of hi's wife and son. The son died in 1895, intestate and unmarried. His will provided, in this contingency, that his wife should have the entire net income of his estate during her life, with the power to dispose of the entire estate in the event she failed to pjarry again and have children. On the 8th of January, 1896, Mrs.…
2Cases cited6 opinions
- Trustees v. GreenoughSupreme Court of the United States · 1882
- Weed's EstateSupreme Court of Pennsylvania · 1894
- Anniston Loan & Trust Co. v. Ward & Co.Supreme Court of Alabama · 1895
- Security Co. v. BryantSupreme Court of Connecticut · 1885
- Weiand's Admr. v. State National BankCourt of Appeals of Kentucky · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Re Faling EstateOregon Supreme Court · 1924
- Smith v. HaireTennessee Supreme Court · 1917
- Taylor v. TaylorCourt of Appeals of Kentucky (pre-1976) · 1928
- Smith v. GrahamCourt of Appeals of Kentucky (pre-1976) · 1938
- Clark v. Pepper's Admr.Court of Appeals of Kentucky · 1909
3 more not listed; retrieve them via the Exa API.