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MORGAN v. JOHNSON

226 S.W.2d 31 (1950)

311 Ky. 848

MORGAN v. JOHNSON et al.

Court of Appeals of Kentucky.

January 13, 1950.

Attorney(s) appearing for the Case

M. C. Anderson, Wickliffe, R. O. Willingham, Bardwell, for appellant.

Haden Owens, Wickliffe, for appellees.

CLAY, Commissioner.

This suit was brought by the heirs at law of Mary Ellen Armistead to sell a farm and divide the proceeds. Appellant, Ed Morgan, filed a counter-claim and cross-petition alleging ownership of the property. His claim was disallowed.

In 1927 appellant's father died, leaving a will bequeathing and devising his entire estate to his widow, appellant's stepmother. The will provided:

"I have paid...

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