110 Ky. 329 | Ky. Ct. App. | 1901
Aepirming.
Appellant-, Robert M. Jewell, filed this suit against the appellees, the Louisville Trust Company, as the administrator with the will annexed, and S. S. Barnes, the residuary devisee, of C. P. Barnes, deceased. The court below sustained a demurrer to his petition, and, he failing to plead further, dismissed the action. The only question on the appeal is, therefore, did the petition state a cause of action?
It was alleged in the petition that O. P. Barnes was at the time of his death, and had been for many years theretofore, engaged in business as a jeweler, witlj his brother, J. B. Barnes, under the firm name of G. P. Barnes & Co.; that the business was a large one, and O. P. Barnes became a wealthy man; that in the year 1877, when appellant was a small boy, the deceased took him into his employ and "treated him as if he had been his own son, often promising 'him an interest in the business; that appellant started with a small salary, which was increased from time to time until the death of the deceased, when he was receiving $20 a week; that the deceased died, leaving a will which was duly admitted to probate, and by the seventh clause of the will the testator provided for him in the following language: “I desire that my friend Robert M., Jewell be retained in the employ of the firm on such liberal terms1 as his long and faithful service entitles him to.” It is also alleged that on February 23, 1895, within a month after the death of the testator, against his protest, his salary was cut down from $20 to $15 a week, and three years later, on February 26, 1898, to $13.50 a week; that about two months after this, without fault on his part, he was discharged, against his protest, and had been unable to earn anything like $20 a week from the time of his discharge to the filing of the suit; that appellees were running the store
' It is insisted for appellant with grea<. earnestness that the will creates a precatory trust in his favor, and thát he is entitled under the will to his wages at $20 a week. The will does not fix the salary that appellant is to receive if retained in the employ of the firm, nor does it require that he shall be retained. The language imports no more than an expression of the testator’s desire, and the