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CAUDLE v. SMITHER

427 S.W.2d 227 (1968)

Eileen CAUDLE et al., Appellants, v. Eva Mae SMITHER et al., Appellees.

Court of Appeals of Kentucky.

April 26, 1968.

Attorney(s) appearing for the Case

William M. Johnson, Frankfort, for appellants.

Allen Prewitt, Sr., Richard Prewitt, Prewitt & Prewitt, Joseph J. Leary, Clifford E. Smith, Sr., Smith, Reed, Yessin & Davis, Frankfort, for appellees.

WADDILL, Commissioner.

This is an appeal from a judgment of the Franklin Circuit Court declaring void a trust instrument signed on August 7, 1957, by Alex Smither, Sr., and his wife, Eva Mae Smither. The circuit court's decision rested upon the finding that the trust provisions of the instrument constituted an unreasonable restraint on the alienation of certain property.

The property involved in this controversy is a 160-acre tract acquired on May 3, 1947...

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