HERRICK v. WILLS


333 S.W.2d 275 (1959)

Elizabeth Slight HERRICK et al., Appellants, v. Spencer WILLS et al., Appellees.

Court of Appeals of Kentucky.

As Extended on Denial of Rehearing March 25, 1960.


Attorney(s) appearing for the Case

Philip Hargett, Maysville, for appellants.

D. Bernard Coughlin, John H. Clarke, Jr., Maysville, for appellees.


CLAY, Commissioner.

In this action to sell real estate devised under the will of Mary Scott Brooks, it was alleged in the complaint that defendant appellants had forfeited their remainder interests by bringing an earlier suit to contest the will. The will contained a "no contest" clause. The trial court adjudged a forfeiture.

A will contest had been instituted over ten years ago, and as shown by the record of that...

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