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SMITH'S EXECUTOR v. CRUSH

296 S.W.2d 688 (1956)

Kate SMITH'S EXECUTOR (Robert P. Minton), Appellant, v. Robert A. CRUSH et al., etc., Appellees.

Court of Appeals of Kentucky.

November 2, 1956.

Attorney(s) appearing for the Case

Henry T. Merritt, Van Meter Fishback, Louisville, for appellant.

Robert T. Burke, Jr., Louisville, for appellees.

WADDILL, Commissioner.

This action, filed in 1954 by the executor of the estate of Kate Smith against the executors, trustees and beneficiaries of the estate of Louise Smith, sought a declaration of rights of plaintiff's decedent under the will of Clarence R. Smith who died in May, 1934. By answer the defendants set up a contract between Kate and Louise Smith in bar of plaintiff's right to maintain the action. Issue was then joined on plaintiff's plea that the contract...

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