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LUCKETT v. KENTUCKY TRUST COMPANY

320 S.W.2d 790 (1959)

James E. LUCKETT, Commissioner of Revenue of Kentucky, et al., Appellants, v. KENTUCKY TRUST COMPANY, Trustee under Will of Joseph Burge, Appellee. James E. LUCKETT, Commissioner of Revenue of Kentucky, et al., Appellants, v. KENTUCKY TRUST COMPANY and Phillip B. Newman, Trustees under Will of Frankie N. Judge, Appellees.

Court of Appeals of Kentucky.

February 6, 1959.

Attorney(s) appearing for the Case

Edward A. Marye, Jr., Hal O. Williams, Dept. of Revenue, Legal Staff, Frankfort, for appellants.

J. Blakey Helm, Louisville, for appellees.

S. L. Greenebaum, Shelton R. Weber, Greenebaum, Barnett & Wood, Louisville, amici curiae.

MOREMEN, Judge.

The appellees in these cases are the trustee under the will of Joseph Burge, and the trustees under the will of Frankie N. Judge. The facts are similar and the issues of law the same in the two cases. On this consolidated appeal, we will consider only the facts presented by the Frankie N. Judge case.

Frankie N. Judge died testate in July 1942. Her will created a trust and designated appellees as trustees. Among the assets owned by her, which...

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