DEFENDERS OF FURBEARERS v. FIRST NATIONAL B. & T. CO.


306 S.W.2d 100 (1957)

DEFENDERS OF FURBEARERS, Appellant, v. FIRST NATIONAL BANK & TRUST CO. OF LEXINGTON, Executor and Trustee Under Will of Mary E. Stevenson, Deceased, et al., Appellees. LEXINGTON HUMANE SOCIETY, Appellant, v. FIRST NATIONAL BANK & TRUST CO. OF LEXINGTON, Executor and Trustee Under Will of Mary E. Stevenson, Deceased, et al., Appellees.

Court of Appeals of Kentucky.

September 27, 1957.


Attorney(s) appearing for the Case

Squire R. Ogden, Chas. A. Robertson, and Ogden, Galphin & Abell, Louisville, A. Lloyd Symington, Washington, D. C., for appellant Defenders of Furbearers.

McDonald, Alford & Roszell, Lexington, for appellant Lexington Humane Society.

Robert M. Odear, John L. Davis, and Stoll, Keenon & Park, Lexington, A. Lawrence Sherman, Lexington, Frank L. McCarthy, Lexington, Henry T. Duncan, Jr. and Allen, Duncan, Duncan & Arnold, Lexington, for appellees.


CULLEN, Commissioner.

These two appeals arise from a judgment construing a portion of the will of Mary E. Stevenson, who died early in 1955. The judgment held that the portion of the will in question, as construed by the court, was incapable of execution, and therefore the money attempted to be bequeathed should be distributed to the heirs of the testatrix as intestate property. The amount involved is approximately $55,700.

The Lexington Humane Society, designated...

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