WHITMAN v. LINCOLN BANK & TRUST COMPANY


340 S.W.2d 608 (1960)

Patricia L. WHITMAN, an Unmarried Infant over Fourteen Years of Age, et al., Appellants, v. LINCOLN BANK & TRUST COMPANY, Executor of the Estate of Emma Sanders Norris, Deceased, et al., Appellees.

Court of Appeals of Kentucky.

December 2, 1960.


Attorney(s) appearing for the Case

James M. Cuneo, Louisville, for appellant.

Frank A. Ropke, Bernard S. Goldstein, Ropke, Goldstein & Poynter, Louisville, for appellee.

S. L. Greenebaum and John S. Greenebaum, Louisville, as amici curiae.


MILLIKEN, Judge.

The principal question presented is whether the income collected by the Executor, during administration of the estate, on securities thereafter sold by it to pay decedent's debts, costs of administration and taxes should be added to the corpus of two testamentary trusts or should be distributed as income to the life beneficiaries of the trusts. The chancellor adjudged the income should be paid to the life beneficiaries of the trusts.

The appellee...

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