MIDDLETON v. MIDDLETON'S EXECUTOR


302 S.W.2d 588 (1957)

Verda MIDDLETON, Appellant, v. James MIDDLETON'S EXECUTOR (Ben Middleton) et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 21, 1957.


Attorney(s) appearing for the Case

J. K. Beasley, Harlan, for appellant.

Smith & Shehan, Harlan, for appellees.


MILLIKEN, Chief Justice.

The appellant, Verda Middleton, seeks to set aside the probate of the will of her ex-husband, James Middleton, and seeks to have a later will, which left his entire estate to her, probated in lieu thereof. Probate of the later will was refused on the ground that the eighty-six year old testator did not have sufficient mental capacity to make a will at the time he executed it, and the refusal was affirmed by the Circuit Court sitting without...

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