Norris v. Bishop
Kentucky Court of Appeals
207 Ky. 621, 269 S.W. 751 (1925)
- Written by Nathan Herkamp, JD
Facts
T. P. Norris (plaintiff) transferred a parcel of land to specific trustees. The trust required the trustees to establish a cemetery on the property. The trustees served without compensation. Norris later deposited $5,000 at the First National Bank for the maintenance and improvement of the cemetery. The president of First National, the president of the Bardwell Deposit Bank, and the county judge and their successors were appointed to manage the $5,000. After 10 years, no cemetery was established on the property. Norris sued to recover the real property from the trust. At the time of the suit, one of the trustees was John Kane, who was an attorney. Once the trust was sued, Kane represented the trust in the lawsuit. Norris was successful and recovered ownership of the real property. The court awarded Kane $750 in attorney’s fees for Kane’s work representing the trust in the litigation. The attorney’s fees were to be paid from the $5,000 deposited at First National. Norris appealed the award of attorney’s fees.
Rule of Law
Issue
Holding and Reasoning (Clay, J.)
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