Bland's Adm'r v. Bland
Court of Appeals of Kentucky
Case 66 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. Estates of every kind held in trust are subject to the debts of the persons for whose benefit they are held, although the instrument creating the trust may provide otherwise, such a provision being void. (Oen.
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Case 66 — PETITION EQUITY APPEAL FROM HARDIN CIRCUIT COURT. 1. Estates of every kind held in trust are subject to the debts of the persons for whose benefit they are held, although the instrument creating the trust may provide otherwise, such a provision being void. (Oen. Stats., chap. 63, sec. 21; Civil Code, sec. 439; Idem, sec. 732, subsec. 11; Eastland v. Jordan, '3 Bibb, 186; Jones v. Langhorne, 3 Bibb, 453; Strode v. Churchill, 2 Litt., 75; Blanchard v. Taylor, 7 B. Mon., 648; Anderson v. Briscoe, 12 Bush, 346; Farmers’ Bank v. Morris, 79 Ky., 157; Samuel v. Ellis, 12 B. M., 483; Samuel…
1Opinion of the Court
CHIEE JUSTICE HOLT
delivered the opinion of the court.
The administrator of Henry Bland, having obtained a judgment and a return of nulla tona against the appellees, E. U. and J. H. Bland, brought this action to subject to the payment of his debt property, or the profits thereof, which he claims is held in trust for them under the will of their sister, Maria Bland. The question is, whether, under its provisions, they own any estate or interest which can be subjected by suit to the payment of the debt. The will provides:
“1. I bequeath and devise to the trustee hereinafter named all the property…
2Cases cited3 opinions
- Bramhall v. . FerrisNew York Court of Appeals · 1856
- Marshall's Trustee v. RashCourt of Appeals of Kentucky · 1888
- White v. ThomasCourt of Appeals of Kentucky · 1871
3Cited by9 opinions
- Susanne De Charette v. St. Matthews B. T. Co.Court of Appeals of Kentucky (pre-1976) · 1926
- Raynolds v. HannaU.S. Circuit Court for the District of Northern Ohio · 1893
- Montgomery v. OffuttCourt of Appeals of Kentucky · 1909
- Bottom v. FultzCourt of Appeals of Kentucky · 1907
- Brock v. ConkwrightCourt of Appeals of Kentucky · 1918
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