Green's Admrs. v. Fidelity Trust Co.
Court of Appeals of Kentucky
CASE 42. — ACTION BY JAMES A. GREEN’S ADMINISTRATORS AGAINST THE FIDELITY TRUST COMPANY OF LOUISVILLE AND OTHERS TO ADJUDGE VOID CERTAIN TESTAMENTARY TRUSTS — Appeal from Franklin Circuit Court.
Read the full summary
CASE 42. — ACTION BY JAMES A. GREEN’S ADMINISTRATORS AGAINST THE FIDELITY TRUST COMPANY OF LOUISVILLE AND OTHERS TO ADJUDGE VOID CERTAIN TESTAMENTARY TRUSTS — Appeal from Franklin Circuit Court. Judgment for defendants, plaintiffs appeal. — CLASSIFICATION OF AUTHORITIES 1. Incapacity of Clark Lodge, (a.) Clark Lodge No. 40, Free and Accepted Masons, of Jeffersonville, Ind., at the time of testator’s death had not, has not now and can not in the future acquire power or capacity to take and hold the estate attempted to be bequeathed and devised to it in trust, nor to administer the trust sought…
1Opinion of the Court
*317Opinion of the Court by
Judge Barker
—Affirming.
This action was instituted by the heirs at law of James A. Holt, deceased, for- the purpose of having certain trusts established by his will construed and declared void. The decedent, at the time of his death, in 1906, was a resident of Franklin county, Ky. He left a large estate, real and personal, and his will and the codicils attached were admitted to probate by the judgment of the Franklin county court in 1906. The will and the first codicil thereto, which are pertinent to the subject under investigation, are as follows:
“I, James A. Holt, of…
2Cases cited9 opinions
- EXECUTORS OF McDONOGH v. MURDOCHSupreme Court of the United States · 1854
- Moore's Heirs v. Moore's DeviseesCourt of Appeals of Kentucky · 1836
- Widows' & Orphans' Home of O. F. v. CommonwealthCourt of Appeals of Kentucky · 1907
- Gass v. WilhiteCourt of Appeals of Kentucky · 1834
- Attorney General v. Wallace's DeviseesCourt of Appeals of Kentucky · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- City of Houston v. Scottish Rite Benevolent Ass'nTexas Supreme Court · 1921
- Lightfoot v. PoindexterCourt of Appeals of Texas · 1917
- Powers v. First Nat. Bank of CorsicanaCourt of Appeals of Texas · 1940
- Title & Trust Co. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1931
- City of Houston v. Scottish Rite Benev. Ass'nTexas Supreme Court · 1921
8 more not listed; retrieve them via the Exa API.