134 Ky. 24 | Ky. Ct. App. | 1909
Opinion of the Court by
— Reversing. '
Susan McKnight died a resident of Boyle county in 1869. By her will, which was duly probated, she devised one-half of her estate to William J. Wright in trust for the use of her grandson Alexander Letcher, the income to be paid over to him during his life. If he died childless, the estate passed to Susan Wright, the wife of the trustee. If he died leaving children, the estate was to go to them. The trustee qualified 'and took possession of the estate, amounting to $1,513. He held it until his death in 1902. Susan Wright then qualified as trustee, executing bond with J. E. Bowman as her surety. She lived in Washington, D. C. Bowman lived in Springfield, Ohio. In
If the court had rendered a judgment against the bank, that judgment would have been no protection to the bank when sued by Mrs. Wright, as she was not a party to the proceedings. She had been appointed trustee by the Boyle circuit court, and the court which appointed her had jurisdiction to remove her, and to appoint another in her stead. Courts of chancery 'have the power to remove a trustee who goes out of the jurisdiction. Am. & Eng. Ency. of Law,
We gather from the record that one object o£ the proceeding is to secure for Letcher what are termed the increments of the fund. The original trustee seems to have invested the money wisely. The stocks in which he invested it are now worth in the market much more than $1,513. Letcher is entitled to the income on the whoile fund during his life, but he is not entitled to the increase of the fund by reason of the fortunate investments of the trustee. First Nat. Bank of Carlisle v. Lee, 66 S. W. 413; 23 R. 1897.
Judgment reversed, and cause remanded for further proceedings consistent herewith.