Louisville Presbyterian Theological Seminary v. Fidelity Trust & Safety Vault Co.
Court of Appeals of Kentucky
Case 48 — Action by the Executor of Florence Irvin Botto, Deceased, against Louisville Presbyterian Theological Seminary for a Construction of the Testatrix’ Will. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment Construing Will and Defendants Appeal. This is an appeal from a judgment construing (at the executor’s request) certain clauses in the last will of Mrs. Florence Irvin, afterwards Florence Irvin Botto. STATEMENT OF THE CASE. By the will of Jas.
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Case 48 — Action by the Executor of Florence Irvin Botto, Deceased, against Louisville Presbyterian Theological Seminary for a Construction of the Testatrix’ Will. APPEAL FROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment Construing Will and Defendants Appeal. This is an appeal from a judgment construing (at the executor’s request) certain clauses in the last will of Mrs. Florence Irvin, afterwards Florence Irvin Botto. STATEMENT OF THE CASE. By the will of Jas. F. Irvin, his widow, Florence Irvin, was given the power by last will -to dispose of his estate. Acting under that…
1Opinion of the Court
Opinion of te court by
JUDGE DURELLE
Affirming.
The Fidelity Trust & Safety Vault Company, as executor of the will of Florence Irvin Botto, brought suit for the construction of certain clauses of her will. By the will of James F. Irvin his widow, Florence, was given power by last will to dispose of his estate. She executed a last will under this power of appointment, married William M. Botto, died childless, and her will was duly admitted to *344probate. Slie left legacies to 21 persons and corporations, aggregating $236,000. Clauses 1 and 2 direct the payment of debts and care of family vault.…
2Cases cited6 opinions
- Tomlinson v. BuryMassachusetts Supreme Judicial Court · 1887
- Porter v. HoweMassachusetts Supreme Judicial Court · 1899
- Cummings v. BirdMassachusetts Supreme Judicial Court · 1874
- Estate of PittmanSupreme Court of Pennsylvania · 1897
- Nickerson v. BraggSupreme Court of Rhode Island · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- First National Bank & Trust Co. v. BakerSupreme Court of Connecticut · 1938
- Estate of Bernheimer v. First National BankSupreme Court of Missouri · 1943
- Old Colony Trust Co. v. StetsonMassachusetts Supreme Judicial Court · 1951
- Ballinger's Devisees v. Ballinger's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1933
- Redpath v. AuchinclossSupreme Court of Connecticut · 1946
2 more not listed; retrieve them via the Exa API.