Barclay v. Goodloe's Ex'r
Court of Appeals of Kentucky
Case 69 — PETITION EQUITY — APPEAL PROM PAYETTE CIRCUIT COURT. Brief withdrawn. .1. The third clause of the will invested the three trustees with the legal title to, and the absolute control over, the estate for the purposes of the trusts created; and the title to the realty, and the power and duty of controlling it, remained in the trustees, the survivor and his successor. (Perry on Trusts, sections 305, 343; Clark v. Anderson, 10 Bush, 103; Kev.
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Case 69 — PETITION EQUITY — APPEAL PROM PAYETTE CIRCUIT COURT. Brief withdrawn. .1. The third clause of the will invested the three trustees with the legal title to, and the absolute control over, the estate for the purposes of the trusts created; and the title to the realty, and the power and duty of controlling it, remained in the trustees, the survivor and his successor. (Perry on Trusts, sections 305, 343; Clark v. Anderson, 10 Bush, 103; Kev. Stat., chapter 80, section 14.) 2. In cases like this, nothing appearing to the contrary, the acceptance-by the nominated trustee will he presumed.…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OP THE COURT.
Jolin L. Barclay died in April, 1860, testate, leaving surviving him a widow, daughter and two sons, Herman B. and James C. Barclay.
By his will he devised all his estate), real and personal, of whatever kind, to James M.. Barclay, John Jackson and John B. Tilford, in trust,, for the purposes therein specified, with authority to: appoint. *495their successors, and in case of the death or resignation of either of 'them, the survivors or survivor to have the power to name successors.
He directed his residence to be sold, and another purchased for his wife…
2Cited by5 opinions
- Freeman v. PrendergastSupreme Court of Georgia · 1894
- Commonwealth v. ClarkCourt of Appeals of Kentucky · 1904
- Snyder v. SnoverSupreme Court of New Jersey · 1893
- Willson v. Louisville Trust Co.Court of Appeals of Kentucky · 1898
- Harkins v. BrownCourt of Appeals of Kentucky · 1919