FIRST SEC. NAT. BANK, ETC. v. DES COGNETS


563 S.W.2d 476 (1978)

FIRST SECURITY NATIONAL BANK AND TRUST COMPANY OF LEXINGTON, Appellant, v. Russell des COGNETS, Jr., Appellee.

Court of Appeals of Kentucky.

February 24, 1978.


Attorney(s) appearing for the Case

Gladney Harville, Lexington, for appellant.

Buford A. Short, Rose & Short, Beattyville, for appellee.

Before MARTIN, C. J., and PARK and WHITE, JJ.


WHITE, Judge.

The appellant-plaintiff, First Security National Bank and Trust Company of Lexington, appeals from a declaratory judgment of the Fayette Circuit Court entered in favor of the appellee-defendant, Russell des Cognets, Jr., a beneficiary of a trust administered by the bank. The right of the bank to take annual commissions on trust corpus is the sole issue on appeal. The opinion of the circuit court contains a correct statement of the case and the law applicable...

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