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JARVIS v. NATIONAL CITY

No. 2011-SC-000135-DG.

410 S.W.3d 148 (2013)

Katherine Combs JARVIS and Hugh J. Caperton, Appellants v. NATIONAL CITY and PNC Bank National Association, Appellees.

Supreme Court of Kentucky.

September 26, 2013.

Attorney(s) appearing for the Case

Homer Parrent, III , Parrent & Oyler, Counsel for Appellants.

Virginia Hamilton Snell , Turney Powers Berry , Wyatt, Tarrant & Combs, LLP, Counsel for Appellees.

Opinion of the Court by Chief Justice MINTON.

Katherine Combs Jarvis and Hugh J. Caperton are the beneficiaries of testamentary trusts managed by trustees National City and PNC Bank.1 Throughout the life of these trusts, Kentucky Revised Statutes (KRS) 386.180 mandated that testamentary trustees make a choice of compensation between either an annual fee or a fee at the termination of the trust. And these trusts present each of those statutory...

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