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McCULLEY v. RAY

251 S.W.2d 878 (1952)

McCULLEY et al. v. RAY et al.

Court of Appeals of Kentucky.

October 10, 1952.

Attorney(s) appearing for the Case

John S. Deering, Nicholasville, for appellants.

T. J. Underwood, Lancaster, for appellees.

SIMS, Justice.

This action was brought to construe the will of Abe Burton, who died February 2, 1950, a resident of Garrard County. The will was executed on November 5, 1948, and provided for the payment of his debts and named his executor, who was given authority "to sell and convey my property in order to carry out the provisions of this will". The paragraphs involved in the construction of the instrument are the third, fourth and fifth, which read:

"Third...

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