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THOMAS v. UTTERBACK

269 S.W.2d 251 (1954)

THOMAS et al. v. UTTERBACK et al.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing June 25, 1954.

Attorney(s) appearing for the Case

Mooney & Turley, Lexington, for appellants.

F. C. Bryan, Mount Sterling, for appellees.

WADDILL, Commissioner.

Appellants are numerous children, grandchildren, and great-grandchildren of Verlinche Utterback, who died testate in Bourbon County in 1931. Appellee, Benjamin S. Utterback, is a son of Verlinche Utterback who brought a suit in equity in 1953 to have his mother's will declared invalid as violating the rule against perpetuities, and to have cancelled a deed from his father to him under which he took a life estate in certain property, and to have...

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