SEELBACH v. CITIZENS FIDELITY BANK & TRUST CO.


269 S.W.2d 178 (1954)

SEELBACH et al. v. CITIZENS FIDELITY BANK & TRUST CO. et al.

Court of Appeals of Kentucky.

May 28, 1954.


Attorney(s) appearing for the Case

Ernest Woodward, II, Woodward, Hobson & Fulton, Louisville, for appellant.

J. Donald Dinning, Louisville, for Citizens Fidelity Bank & Trust Co.

Randolph A. Brown, Louisville, for Kathryn Seelbach.


MILLIKEN, Justice.

Citizens Fidelity Bank & Trust Company, as successor trustee under the will of Charles Seelbach, brought this action under the Declaratory Judgment Act, K RS 418.040 et seq., for the purpose of ascertaining to whom to distribute the income of the trust. The will was executed in 1911 and probated in 1912.

After special bequests to a brother, a named daughter-in-law, and his son, Charles Henry Seelbach, the testator bequeathed the remainder...

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