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ROTH v. STAUBLE

313 S.W.2d 269 (1957)

T. P. ROTH et al., Appellants, v. Nell A. STAUBLE, etc., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 6, 1958.

Attorney(s) appearing for the Case

Marshall B. Woodson, Jr., Richard C. Oldham, Louisville, for appellants.

Henry J. Burt, Jr., J. Pryor Hancock, B. Huntoon McCann, Louisville, for appellee.

CAMMACK, Judge.

The appellants, seven in number, instituted this action to contest a will executed by Rose S. Maher on April 26, 1955. Nell A. Stauble, a niece of Mrs. Maher's, and the sole beneficiary under the 1955 will, was made a party defendant individually and as executrix. The other defendants were heirs at law of Mrs. Maher. The grounds of the contest were lack of testamentary capacity and undue influence. The appellants asserted that they were beneficiaries...

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