McAllister v. Ohio Valley Banking & Trust Co.
Court of Appeals of Kentucky
Case 59 — Action of Ohio Valley Banking & Trust Company as Assignee of J. H. McAllister, against J. H. McAllister, to .Subject the Remainder Interest of Assignor in Land, to His Creditors. — Jan. 15. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 59 — Action of Ohio Valley Banking & Trust Company as Assignee of J. H. McAllister, against J. H. McAllister, to .Subject the Remainder Interest of Assignor in Land, to His Creditors. — Jan. 15. APPEAL FROM HENDERSON CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. PROPOSITIONS' DISCUSSED. 1. A deed of general assignment for the benefit of creditors conveying “real and personal estate of every description” owned by assignor does not embrace or convey a contingent' remainder interest devised to the assignor. 2. Where a contingent remainder in land is devised and the…
1Opinion of the Court
*542Opinion of the court by
JUDGE BARKER
— Affirming.
Qn the 23d day of February, 1897, the appellant, John H. McAllister, being indebted to various persons, and unable to pay his creditors in full, executed and delivered a general deed of assignment to the Henderson Trust Company, conveying all his property, both real and personal, for the benefit of his creditors. The Henderson Trust Company afterwards consolidated with the appellee, the Ohio Valley Banking & Trust Company; and the latter company acquired the rights, and undertook to execute all of the duties of the Henderson Trust Company,…
2Cases cited3 opinions
- Bank of Louisville v. BaumeisterCourt of Appeals of Kentucky · 1888
- White's Trustee v. WhiteCourt of Appeals of Kentucky · 1888
- Overton v. MeansCourt of Appeals of Kentucky · 1881
3Cited by11 opinions
- Fulton v. TeagerCourt of Appeals of Kentucky · 1919
- Davis v. WillsonCourt of Appeals of Kentucky · 1903
- Roy v. WestCourt of Appeals of Kentucky · 1922
- Bank of Taylorsville v. VandykeCourt of Appeals of Kentucky · 1914
- Jones v. ThomassonCourt of Appeals of Kentucky · 1914
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