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TIMMONS v. GRAHAM

312 S.W.2d 357 (1958)

Fred TIMMONS and Arthur Bryson, Jr., Administrator de Bonis Non with Will Annexed of the Estate of George D. Graham, Deceased, Appellants, v. Raymond GRAHAM et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 9, 1958.

Attorney(s) appearing for the Case

H. R. Wilhoit, Grayson, Arthur T. Bryson, Arthur T. Bryson, Jr., Ashland, for appellants.

John Smith, Catlettsburg, for appellees.

CAMMACK, Judge.

This contest over the estate of George D. Graham is between the appellant, Fred Timmons, a brother-in-law of Graham, and the appellees, his brother and sister, and only surviving heirs. Timmons claims under Graham's 1948 will and the appellees claim Graham died intestate. The appeal is from a judgment upholding the contention of the appellees.

The controversial provision of the will follows:

"Second: I hereby give and bequeath and...

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