Cunningham v. Kinnerk

This is a suit in equity by which plaintiffs are jointly pursuing a trust fund in the hands of defendant executor.

The parties having to do with the establishment of the trust and with the present controversy growing out of it are James E. Campbell of Madisonville, Kentucky; his sister, Sophronia Martin; her children, Kate Cunningham, J.W. Simons, and Edwin N. Harris; and the latter's widow, Kate Harris.

The facts, as found by the court, or as they stand undisputed in the record, disclose that prior to his death in 1909, James E. Campbell had intrusted to his nephew, Edwin N. Harris, the sum of…