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LINCOLN BANK & TRUST CO. v. HUBER

240 S.W.2d 89 (1951)

LINCOLN BANK & TRUST CO. et al. v. HUBER.

Court of Appeals of Kentucky.

May 29, 1951.

Attorney(s) appearing for the Case

Alfred C. Krieger, Louis E. Ackerson, and Franklin S. Fitch, all of Louisville, for appellants.

Earl B. Fowler, Louisville, for appellee.

A. E. Funk, Atty. Gen., Hal Williams and William Scent, Assts. Atty. Gen., amicus curiae for Department of Revenue and another.

LATIMER, Justice.

Appellee, Bertha H. Huber, filed this declaratory judgment action to determine a question of taxation. Her husband, N. F. Huber, died testate on August 16, 1948. Under his will the Lincoln Bank and Trust Company was appointed and qualified as executor. Appellee renounced the provisions of the will. She filed this action to recover from the executor her statutory one-half interest in the surplus personalty left by the decedent without any reduction...

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