ELLENSTEIN v. RIDER


327 S.W.2d 945 (1959)

Stella ELLENSTEIN, Incompetent, and Edward L. Mackey, Committee for Stella Ellenstein, Appellants, v. Eleanor RIDER, also known as Eleanor Rider Ellenstein, Executrix of the Estate of Abe M. Ellenstein, Deceased, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 30, 1959.


Attorney(s) appearing for the Case

Charles I. Dawson, Lee Curd Miller, Bullitt, Dawson & Tarrant, Louisville, for appellant.

Leon J. Shaikun, Sam D. Dalbey, Jr., Raymond Bossmeyer, Louisville, for appellee.


WADDILL, Commissioner.

Abe Ellenstein died testate on October 16, 1956. His will, which was signed and acknowledged on July 12, 1956, was probated on November 7, 1956. Soon thereafter, a controversy arose concerning the property rights of his widow under the will, so this action was brought for a declaration of rights pursuant to KRS 418.040 et seq.

The particular clause of the will presented for interpretation...

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