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PORTER v. CITIZENS FIDELITY BANK & TRUST CO.

554 S.W.2d 397 (1977)

Kay Horner PORTER and Alexander M. Horner, Appellants, v. CITIZENS FIDELITY BANK AND TRUST COMPANY et al., Appellees. CITIZENS FIDELITY BANK AND TRUST COMPANY et al., Appellants, v. WYATT, GRAFTON & SLOSS, et al., Appellees.

Court of Appeals of Kentucky.

March 25, 1977.

Attorney(s) appearing for the Case

Robert L. Maddox, Jon L. Fleischaker, Wyatt, Grafton & Sloss, Louisville, for appellants.

James Brown, Louisville, for Citizens Fidelity Bank & Trust Co.

Homer B. Parrent, Louisville, for Carl John Horner and Annette Kay Horner.

Kyle T. Hubbard, Louisville, for Alexander M. Horner, Jr., Vicki Lee Horner, Holly Kay Horner and unknown defendant.

Before HOWARD, LESTER and PARK, JJ.

HOWARD, Judge.

This appeal involves three trusts in which the trustee, Citizens Fidelity Bank and Trust Company, requested a declaration of rights from the Jefferson Circuit Court. The trial court determined that even though the 1941 trust created by Albert Horner, hereinafter the Horner Trust, no longer had any corpus, that it had not terminated because it still had a valid trust purpose, that being a conduit for other property which might be given to it. It further...

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