DAVIS v. CARY


429 S.W.2d 411 (1968)

R. H. DAVIS et al., Appellants, v. John Sam CARY, Executor, etc., et al., Appellees.

Court of Appeals of Kentucky.

June 14, 1968.


Attorney(s) appearing for the Case

Richardson, Barrickman & Dickinson, Glasgow, for appellants.

John Sam Cary, Harlan E. Judd, Burkesville, Frank L. Pearl, Louisville, Richard L. Garnett, Dale Burchett, Glasgow, for appellees.


CLAY, Commissioner.

This is a suit to clear the title to a "home tract" at one time owned by John D. Skinner, since deceased. The cloud on the title was a devise in his will which purported to create a charitable trust. The Chancellor adjudged that the charitable trust was effectively created and the title to the property was vested in appellee Christian Church Homes of Kentucky, Inc. The heirs of Skinner appeal.

When Skinner died in 1922 he left a will devising...

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