CUNDIFF v. SCHMITT


243 S.W.2d 667 (1951)

CUNDIFF et al. v. SCHMITT et al.

Court of Appeals of Kentucky.

November 9, 1951.


Attorney(s) appearing for the Case

Thomas J. Sabetta, Owensboro, for appellants.

Wilson & Wilson and William L. Wilson, all of Owensboro, for appellees.


MORRIS, Commissioner.

In a suit to settle the estate of Rachel Fiorella Cundiff, and for a declaration of property rights, the chancellor was called upon to construe the will of testatrix, executed in October of 1939. Testatrix was survived by her husband, appellant here; a sister, three brothers and a nephew. The latter were plaintiffs below; appellant and the guardian of the infant nephew were defendants. The will reads:

"Item 1. I will and devise to my...

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