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JASPER v. JASPER

275 S.W.2d 412 (1954)

Thomas Eugene JASPER, Appellant, v. Anna B. JASPER, Executrix of the Estate of T. E. Jasper et al., Appellees.

Court of Appeals of Kentucky.

November 5, 1954.

Attorney(s) appearing for the Case

Russell Jones, Fritz Krueger, Somerset, Allen Prewitt, Frankfort, for appellant.

Gladstone Wesley, Ben D. Smith, Somerset, for appellees.

CLAY, Commissioner.

This suit was brought by plaintiff for a declaration of rights under Section 639 a-1 through 12 of the former Civil Code (now KRS 418.040 through 418.090), the purpose of the suit being to have the will of T. E. Jasper construed. This type of proceeding was specifically authorized by Section 639 a-2 of the Civil Code (now KRS 418.045).

Special and general demurrers were filed by the defendants, as was also a motion to make parts of the...

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