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MITCHELL v. MITCHELL

276 S.W.2d 470 (1955)

Mary Hanifan MITCHELL, Individually and as Executrix of the Last Will and Testament of Mary Pearl Hanifan, Widow, Deceased, Appellant, v. Mary Lydia MITCHELL, an Infant Under Seven Years of Age, etc., Appellees.

Court of Appeals of Kentucky.

March 11, 1955.

Attorney(s) appearing for the Case

Reed & Hines, Paducah, for appellant.

William B. Byrd, Paducah, for appellees.

WADDILL, Commissioner.

This controversy involves the construction of the will and codicil executed by Mary Pearl Hanifan. Insofar as pertinent to this appeal, the will executed in 1943, provides:

"1. I hereby give, bequeath and devise to my daughter, Mrs. Mary Hanifan Mitchell, wife of Billie Mitchell, of Paducah, Kentucky, all of my property of which I may die seized or possessed, or in expectancy, real, personal and mixed, to have, hold, keep and use, and...

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