133 Ky. 554 | Ky. Ct. App. | 1909
Opinion oe the Court by
Affirming.
Many years ago W. C. Hite died county, tFe owner of a large estate. in Jefferson By his will lie
We do not see that the circuit court abused a sound discretion in the mlatter. All the adult devisees, except Louis Hite and his daughter, requested the court to appoint Mr. Barr. Among other things, they wished him to- be trustee for the reason that his father was one of the original trustees, and on account of the fact that they feltt assured that he would give the matter his personal attention, and for other reasons that need not here be elaborated. He is a mjan eminently fitted for such a trust, and no objection is made here to him on thaifc score. The court is not required to appoint a trust company as trustee, and especially is this true where a majority of the persons interested desire an individual appointed; or when from the nature of the case the appointment of the person selected will be likely to lead to & management -of the estate that will be satisfactory to -those interested-. It seernis to us from the record that the court made an ideal selection, and that no interest of the appellant's was prejudiced. The act of 1908 (Acts 1908, p. 125 c. 49) requires that the bond of a fiduciary shall be in a penal sum, and that the
Judgment .affirmed.