Webster v. Wathen
Court of Appeals of Kentucky
Case 52 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The object of the testatrix was clearly to give to Mrs. Webster sucn support and maintenance as the estate would bear, trusting Mrs. Watben’s discretion in the distribution thereof. And Mrs. Wathen could not refuse to exercise such discretion according to the true intent and meaning oí the don or.
Read the full summary
Case 52 — PETITION EQUITY APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. 1. The object of the testatrix was clearly to give to Mrs. Webster sucn support and maintenance as the estate would bear, trusting Mrs. Watben’s discretion in the distribution thereof. And Mrs. Wathen could not refuse to exercise such discretion according to the true intent and meaning oí the don or. (Tabor v. Mclntire, 79 Ky., 505; Bohon v. Barret, 79 Ky., 378.) 2. A testator can not disinherit his heir, unless he devises the estate to some one else. (Tabor &c. v. Mclntire, &c., 79 Ky., 505; 5 Leigh,…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe ti-ie court.
The sole question in this case is whether or not the will of Lizzie Curd creates an enforceable trust in favor of the appellant Euphemia Webster.
The will reads as follows:
“St. Louis, July 8, 1883.
“Any other will or bequests that may be found shall be of no use to any one. This is my will: That if I die possessing. any property of any kind, whether bonds, bank stock, money, jewelry, my watch, silverware, china ware, pictures, books, furniture, or any other goods, I hereby will it all to my sister, Hettie Cunningham Wathen, to be liers; and to…
2Cases cited2 opinions
- Bohon v. Barrett's ex'rCourt of Appeals of Kentucky · 1881
- Sale v. ThornberryCourt of Appeals of Kentucky · 1887
3Cited by4 opinions
- Sandford's Administrator v. SandfordCourt of Appeals of Kentucky (pre-1976) · 1929
- Williams v. Williams' CommitteeCourt of Appeals of Kentucky (pre-1976) · 1933
- Fidelity Trust & Safety Vault Co. v. WalkerCourt of Appeals of Kentucky · 1903
- Estate of Whitcomb, Superior Court of California, County of San Francisco1890