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FIRST NATIONAL BANK OF MAYFIELD v. GARDNER

330 S.W.2d 409 (1959)

FIRST NATIONAL BANK OF MAYFIELD, etc., et al., Appellants, v. Bunk GARDNER, Sr., Appellee.

Court of Appeals of Kentucky.

December 18, 1959.

Attorney(s) appearing for the Case

James W. Stites, Louisville, Milton C. Anderson, Wickliffe, Thomas Waller, Paducah, S. Russell Smith, Louisville, Malcolm R. Boaz, Robbins & Cross, Mayfield, for appellants.

Chas. I. Dawson and Edwin F. Schaeffer, Jr., Louisville, L. M. Tipton Reed, Mayfield, David Reed, Paducah, for appellee.

CULLEN, Commissioner.

This matter is before us on a motion to dismiss the appeals.

The will of Ed Gardner, deceased, leaving practically all of his estate to the Annie Gardner Foundation, was admitted to probate in the Graves County Court. Thereafter Bunk Gardner, Sr., brother and legal heir of the decedent, brought a proceeding in the Graves Circuit Court to contest the will. The executor and the principal beneficiary pleaded in defense a release theretofore...

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