St. Catherine's Cemetery v. Fidelity Trust Co.

Opinion of the Court by

William Rogers Clay, Commissioner

Reversing.

Sylvester Johnson, a wealthy citizen of New Haven, Kentucky, died July 29, 1889. About a year before his *798'death, he delivered to his nephew, Sylvester Rapier, • a bond for $500. At the same time Rapier executed the following writing:

“Sylvester Johnson has this day given me in trust one bond for five hundred dollars, No. 129, issued by the southern division of the Cumberland and Ohio Railroad Company, dated September 2, 1878, and due on the 2nd day of September, 1898, which I am to -hold in trust for the following purpose, viz.:

“…