FARMERS BANK & CAPITAL TRUST COMPANY v. HULETTE


293 S.W.2d 458 (1956)

FARMERS BANK & CAPITAL TRUST COMPANY of Frankfort, Kentucky, et al., Appellants, v. Sue HULETTE et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied September 28, 1956.


Attorney(s) appearing for the Case

Marion Rider and Leslie Morris, Frankfort, for Farmers Bank & Capital Trust Co., etc.

Bernard S. Goldstein, Goldstein & Poynter, Louisville, for Masonic Widows & Orphans Home and Infirmary.

Allen Prewitt, Frankfort, for Sue Hulette, O. T. Layton, and Alma Layton.

Herbert D. Liebman, Frankfort, for Sue Ann Hulette and Layton Terrill Hulette, minors.


MONTGOMERY, Judge.

In this declaratory judgment action, the controversy concerns the proper allocation, as between life tenants and remaindermen, of a cash distribution in liquidation of a corporation.

In 1938, Sue L. Boggs died testate. She devised and bequeathed the residue of her property in trust in two equal parts. One part was left to her brother and his wife for life, with remainder to the Masonic Widows and Orphans Home. The other part was devised...

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