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CUDDY v. McINTYRE

229 S.W.2d 315 (1950)

312 Ky. 607

CUDDY et al. v. McINTYRE et al.

Court of Appeals of Kentucky.

April 18, 1950.

Attorney(s) appearing for the Case

Napier & Napier, Hazard, Redwine & Redwine, Winchester, Marcus C. Redwine, Winchester, for appellants.

Barney Baker, Hazard, for appellees.

VAN SANT, Commissioner.

James S. Cuddy died testate on October 24, 1946 survived by his wife, Nanie McIntyre Cuddy, who, in turn, died intestate on June 24, 1948. After the death of his widow, Mr. Cuddy's brothers and sisters, being his sole heirs, instituted this action against appellees, Taylor McIntyre, administrator of the estate of Mrs. Cuddy, and Richmond McIntyre, her father and sole heir. The action was instituted under the Declaratory Judgment Act, Civ.Code...

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