Minary v. Citizens Fidelity Bank & Trust Co.
Court of Appeals of Kentucky
419 S.W.2d 340 (1967)
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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.