NEW v. CREAMER


275 S.W.2d 918 (1955)

Roy W. NEW, Individually and as executor of the Estate of Harry S. New, deceased, and Olive New, Appellants, v. Hazel New CREAMER, Appellee.

Court of Appeals of Kentucky.

February 25, 1955.


Attorney(s) appearing for the Case

Stanley Chrisman, Covington, for appellants.

James R. McGarry and Ralph P. Rich, Covington, for appellee.


CLAY, Commissioner.

This is a will contest. The testator died at the age of 79, having executed a will one year prior thereto leaving an estate of approximately $8,500. He devised and bequeathed all of his property to his only son and left nothing to his only daughter. The jury found against the will, and the significant issue on this appeal is whether or not there was sufficient evidence of the lack of mental capacity to submit the question.

It was and is...

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