Affirming. *Page 52 About two years before his death, Jacob Zinsmeister executed a trust agreement with the Fidelity Columbia Trust Company whereby he placed with it certain securities and gave it broad powers with respect to holding and handling them. The following provisions of the trust are before the court for construction: "Distribution of Income : "The net income from the estate shall be paid to the Donor during his lifetime in convenient installments as he may direct, and, after his...
Affirming. P.A. Madison, a resident of Cumberland county, died testate in January, 1931, following which, in the *Page 100 February term of the Cumberland county court, J.E. Lewis was appointed executor of his estate, and duly qualified as such and is now administering said trust. The appellant L.V. Shelly was subsequently appointed guardian for the infant appellant Bill Young, then some sixteen years of age. On June 14, 1932, J.E. Lewis, as executor of P.A. Madison's estate, filed his petition...
Affirming in part and Reversing in part. Estill Hill sued the Mylyn Oil Company, a corporation, on two notes of $500 each, and for $93.48 for labor performed for the company as foreman and pumper. The notes represented accrued wages owing him for the same kind of work. An attachment was issued and levied upon two oil leases known as the Skaggs and the Wallin leases and equipment thereon. Default judgment was rendered and the attachment sustained. A special commissioner was appointed to sell the...
Affirming. The question for consideration on this appeal was presented in another form and determined adversely to the contentions of appellant in Wilson, Banking Commissioner, v. Louisville Trust Company, 242 Ky. 432 , 46 S.W.2d 767 . The Bankers' Trust Company, a Kentucky corporation, prior to November 20, 1930, was engaged in the general bank and trust company business in the city of Louisville, Ky. On November 20, 1930, its board of directors closed its doors, posted the notice required by...
Affirming. The question presented on this appeal is the sufficiency of the evidence to support the verdict of a jury. Holland G. Bryan resided in McCracken county, Ky. His address on July 19, 1931, was City National Bank Building, Paducah, Ky. At that time he owned a Chrysler coupe, 1928 model, which cost $1,700. He used it for business and pleasure. The Yorkshire Insurance Company, of York, England, for a paid premium of $38.25, issued and delivered to him a policy insuring the coupe in the...
Affirming. The Stanley Motor Company brought this action in equity to recover of the defendants, Johnnie Wright and his son Harry Wright, $270, the balance alleged to be due on a car sold to them. The defendants filed answer; proof was heard, and on final hearing the circuit court entered judgment against the defendants for $270, less a credit of $25. The defendants have filed a motion for an appeal. Harry Wright filed an answer alleging that at the time the contract sued on was made he was an...
Affirming. The question herein to be determined is the sufficiency of the petition as amended, when tested by a demurrer. Worden charges in it that he was solicited to purchase ten shares of stock, at $150 per share, of the Union Central Bank, and that he executed and delivered *Page 717 his note, payable 90 days after date to the order of the Union Central Bank for $1,500; that the stock was issued in his name and not delivered to him, but attached as collateral to secure the payment of his...
Reversing. Bill Woodward has been convicted in the Lee circuit court of the crime of detaining a woman against her will with the intention to have carnal knowledge of her. By this appeal he is urging as grounds for *Page 394 reversal that the lower court erred in overruling his motion for a peremptory instruction and in admitting incompetent and prejudicial evidence. Appellant and Sam Racner, husband of the prosecutrix, were tenants on adjoining farms, and on the day the offense is alleged to...
Reversing. On January 12, 1929, G.B. Wood, a resident of Logan county, died childless, survived by his widow, Bettie Wood, and several collateral relatives. His widow instituted a proceeding in the Logan county court to probate an alleged lost will by which he devised all his property to her. Probate was refused by the county court, and on appeal to the circuit court the jury, on October 4, 1929, returned a verdict against the alleged will pursuant to a peremptory instruction. On appeal to this...
Reversing. Ferd Wood was indicted in the Pulaski circuit court for the willful murder of Willie Smith. On the trial of the case he was found guilty of voluntary manslaughter and his punishment fixed at ten years' imprisonment. He appeals. Ferd Wood, Jack Edwards, and Ed Hargis were deputy sheriffs of Pulaski county. Guy Tuggle was the federal prohibition officer. The homicide occurred in August, 1932. Some months before this Willie Smith, who was twenty-seven years old, had been charged with...
Reversing. This is an appeal from a judgment of the Fayette circuit court awarding the appellee, Kentucky Traction *Page 79 Terminal Company, a new trial upon the grounds of newly discovered evidence and also granting a cross-appeal to the appellee from so much of the judgment as restricts the retrial granted to the one question of the amount of damages. The facts and circumstances leading up to the judgment here complained of as erroneous in awarding the appellee a new trial are briefly as...
Reversing. This is an appeal from the judgment of the Jessamine circuit court, overruling appellant's exceptions filed as purchaser to confirmation of judicial sale of certain lands, directed made for satisfaction of appellee's mortgage debt adjudged foreclosed. On the _ day of February, 1929, James Cook died intestate, leaving surviving him Kate Cook, his widow, and seven children, Nannie Powell, John Allen Cook, Rena Hunt, Melvin Cook, James B. Cook (who died during the pendency of this...
Affirming. The appellant, Ernest Woods, was indicted for carnally knowing a female child, not his wife, under the age of eighteen years, and on his trial was convicted and sentenced to a term of three years in the state penitentiary. He seeks a reversal of the judgment because, as he insists, the trial court erred (1) in overruling his demurrer to the indictment; (2) in refusing to grant him a continuance; (3) in admitting incompetent evidence; and (4) in refusing to permit him to read all the...
Reversing. The appellee, plaintiff below, Fess Creech, was an employee of the appellant, defendant below, Woodford Oil Gas Company, operating an oil and gas lease in Lee county, Ky. On March 5, 1925, while working for the appellant company, the plaintiff fell some 23 feet from a mast pole, injuring his shoulder and chest and the muscles of his neck. Both parties had accepted the provisions of the Workmen's Compensation Act (Ky. Stats. sec. 4880 et seq.) and, recognizing the injury as a...
Reversing. On July 29, 1929, appellee William Clem, while working for the appellant, Wolverine Coal Company, in its coal mine was struck by falling slate and severely injured. It is conceded that this accident arose out of and in the course of his employment. He was employed as a coal loader, but at the time of the accident he was assisting a fellow employee in laying rails in a room preparatory to loading coal. While bending over engaged in this work, a large rock, or piece of slate, described...
Affirming. Theodora Weber, as administratrix of her deceased husband, Daniel Weber, recovered judgment for $10,000 in the Campbell circuit court against F.J. Woltering and the C. Rice Packing Company, a corporation, for the death of her decedent, alleged to have been caused by the negligent operation of an automobile of the packing company which was being operated by Woltering, its employee, in the course of his employment. The accident occurred at the intersection of Alexandria pike and Twenty-...
Affirming. The appellant sought to recover of the appellee and its codefendant Charles E. Bell $25,000, for the death of his intestate, alleged to have occurred on May 14, 1931, and to have been the result of the joint negligence of the two defendants. At the close of plaintiff's evidence, the court directed a verdict for the Henry Bickel Company, whereupon the plaintiff dismissed his action against Bell, and, his motion for a new trial against the Henry Bickel Company having been overruled, he...
Affirming in part and reversing in part. *Page 523 C.C. (Chris) Wilson instituted this action against Elsie Wilson seeking a divorce on the ground of abandonment. By answer, Mrs. Wilson, after a general denial of the allegations of the petition, alleged that immediately after her marriage plaintiff took her to the home of his father and mother, and that his relatives made life so unpleasant for her that it was impossible for her to live with him; that she often requested plaintiff to furnish...
Affirming. On May 7, 1912, Ed Wilson, Sr., who was the owner of a 245-acre tract of land in Casey county, in consideration of $1 cash, conveyed the land to four of his sons, Brack, Basil, Ern, and Zolicoffer Wilson. On June 6, 1913, the grantees in the above deed, in consideration of $1 cash, reconveyed the land to their father, Ed Wilson, Sr., who died the owner of the land in the year 1914, survived by his widow and ten children. After his death his widow occupied the land as a homestead, and...
Reversing. Plaintiff, by petition in equity, sought to have the court compel the county judge to allow him to qualify as sheriff and to require G.C. Bailey to turn over to him the office, books, etc., a demurrer was sustained to his petition, it was dismissed, and he has appealed. The Petition With meticulous elaboration the plaintiff set out in his petition the election and qualification of Henry Broughton as sheriff for the term 1930 to 1934; that Henry Broughton died December 14, 1931; that...
