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SCROGHAN v. LANDERS

328 S.W.2d 411 (1959)

Mamie SCROGHAN et al., Appellants, v. Clarence R. LANDERS, Individually, etc., et al., Appellees.

Court of Appeals of Kentucky.

October 16, 1959.

Attorney(s) appearing for the Case

Thomas & Thomas, New Castle, for appellants.

Davis & Saunders, Robert F. Matthews, Sr., William H. Hays, Shelbyville, for appellees.

MILLIKEN, Judge.

This appeal presents one pivotal question upon which the answers to other questions hinge: The construction of Item Third of the will of W. H. Landers, which is as follows:

"Third: I will to my wife, Mattie Landers, if she be legally my wife at the time of my death, and not otherwise, such portion of my estate as is allowed to her by the laws of Kentucky as if I had died intestate."

The will was written on February 13, 1953, and...

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