PAYNE v. CHENAULT


343 S.W.2d 129 (1960)

James B. PAYNE, Sr., Guardian for James B. Payne, Jr., and Sarah K. Payne, Appellant, v. William A. CHENAULT, Executor of the Will of Louise Ryan Chenault, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied March 10, 1961.


Attorney(s) appearing for the Case

W. Howard Clay, Louisville, for appellant.

Marshall Woodson, Jr., Ed P. Jackson, Louisville, for appellee.


PALMORE, Judge.

On January 17, 1958, the Jefferson County Court probated a will executed by the late Louise Ryan Chenault on November 16, 1957, and appointed appellee, her husband, as executor. On April 16, 1958, the appellant, a former husband of Mrs. Chenault, as guardian of her two children contested the will by appealing the probate judgment to the Jefferson Circuit Court. At the same time or shortly thereafter, while the appeal was pending in the circuit court...

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