ARCHER v. JENKINS


266 S.W.2d 325 (1954)

ARCHER et al. v. JENKINS et al.

Court of Appeals of Kentucky.

March 26, 1954.


Attorney(s) appearing for the Case

Robert J. Watson, R. L. Maddox, Middlesboro, for appellants.

Hubert White, Middlesboro, Grant F. Knuckles, W. R. Lay, Pineville, for appellees.


SIMS, Chief Justice.

In this action appellants contested the will of J. W. Archer on the sole ground the paper was not duly executed. The jury found for the will and this appeal followed.

The record shows the signature of testator was witnessed by Mrs. Elizabeth Capps and Roy Hammonds. On the trial Mrs. Capps testified that she did not sign the paper as a witness to testator's signature. When confronted with the will and asked if that was her signature, she...

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