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FITSCHEN v. UNITED STATES TRUST CO.

233 S.W.2d 405 (1950)

FITSCHEN et al. v. UNITED STATES TRUST CO. et al.

Court of Appeals of Kentucky.

October 17, 1950.

Attorney(s) appearing for the Case

James R. McGarry, Covington, Niles & Will, Louisville, for appellants.

Tilford & Wetherby, Louisville, J. L. Donaldson, Carrollton, for appellees.

HELM, Justice.

N. L. Fitschen died testate in Jefferson County August 15, 1918, leaving a will and codicil thereto which were probated August 24, 1918. He was survived by his wife, Nannie P. Fitschen, and two sons — Theodore H. and Fred W. Fitschen. By his will dated August 30, 1915, he bequeathed all his personal property to his wife. He further provided:

"I will and bequeath to my wife, Nannie P. Fitschen, all my real estate, situated in Louisville...

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