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Minary v. Citizens Fidelity Bank & Trust Co.

Court of Appeals of Kentucky
419 S.W.2d 340 (1967)

Minary v. Citizens Fidelity Bank & Trust Co.


Amelia S. Minary died with a will that devised her residuary estate to a trust. The trust paid the income to her husband and sons for their lifetimes. Upon termination of the trust when the last of the income beneficiaries died, the assets were to be distributed to Amelia’s “then surviving heirs, according to the laws of descent and distribution then in force in Kentucky. . . .” Amelia’s son Alfred married Myra in 1934 and then adopted Myra in 1959 for the purpose of making her a heir under the trust. Alfred died without any natural children in 1963. The trial court determined that Myra was a surviving heir of Amelia. The question of whether Alfred’s adoption of Myra, his adult wife, made her an heir entitled to benefit under testator’s trust was appealed to the Court of Appeals of Kentucky.

Rule of Law


Holding and Reasoning (Osborne, J.)

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