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MITCHELL v. POWELL

229 S.W.2d 480 (1950)

312 Ky. 714

MITCHELL et al. v. POWELL et al.

Court of Appeals of Kentucky.

April 28, 1950.

Attorney(s) appearing for the Case

Colvin P. Rouse, Versailles, Robert S. Hammond, Versailles, for appellant.

Matt T. Blackard, Versailles, for appellee.

REES, Justice.

Houston C. Powell died testate on April 23, 1945. In Item II of his will he gave his entire estate to his wife, Kitty Reed Powell, for life, and provided that upon her death the estate should be divided equally between her heirs at law and his heirs at law. Items III, IV and V of the will read:

"III. Approximately one-third (1/3) of my entire estate is at this time invested in real estate. It is my will, and I hereby direct, that after my death...

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