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Wills Trusts & Estates keyed to Dukeminier
Minary v. Citizens Fidelity Bank & Trust Co
Facts
Amelia S. Minary, died in 1932, leaving a will that devised her residuary estate in trust, to pay the income to her husband and three sons, James, Thomas, and Alfred, for their respective lives. The trust was to terminate upon the death of the last surviving beneficiary, at which time the corpus was to be distributed to decedent’s “then surviving heirs, according t the laws of descent and distribution then in force in Kentucky, and if no such heirs, then to the First Christian Church, Louisville, Kentucky.” Minary’s husband dies, then James died without issue, and then Thomas died leaving two children. In 1934, the only surviving son, Alfred, married Myra, respondent, and in 1959 adopted her as his child. The trust terminated in 1963 upon Alfred’s dying without natural issue.
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