ROGERS' EXECUTORS v. CHERRY


283 S.W.2d 369 (1955)

Ada ROGERS' EXECUTORS (Horace Thompson and Tommy Lane), Appellants, v. Jim CHERRY et al., Appellees.

Court of Appeals of Kentucky.

As Modified November 18, 1955.


Attorney(s) appearing for the Case

Moore & Pittman, Montgomery & Montgomery, Liberty, Hazelrigg & Cox, Frankfort, for appellants.

Robert M. Spragens, Lebanon, for appellees.


MILLIKEN, Judge.

The principal question on this appeal is whether the remaining testamentary appraiser may act when his colleague refuses to act.

Ada Rogers died testate on December 11, 1953, possessed of certain real property in Casey County, Kentucky, among which was her "home place." By the provisions of her will she provided for the sale and conversion into cash of her entire estate, with the exception of the "home place," and to effect liquidation she...

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