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FIRST NATIONAL BANK OF MAYFIELD v. STAHR

329 S.W.2d 582 (1959)

FIRST NATIONAL BANK OF MAYFIELD, Executor Under the Will of Ed Gardner, Deceased, Petitioner, v. Elvis J. STAHR, Judge, Graves Circuit Court, Respondent.

Court of Appeals of Kentucky.

December 4, 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, Mayfield, Stites, Peabody & Helm, Waller, Threlkeld, Whitlow & Byrd, Paducah, M. C. Anderson, Wickliffe, Malcolm R. Boaz, Mayfield, Smith & Smith, Louisville, of counsel, for petitioner.

Chas. I. Dawson, Edwin F. Schaeffer, Jr., Louisville, L. M. Tipton Reed, Mayfield, David Reed, Paducah, Bullitt, Dawson & Tarrant, Louisville, Martin, Neely & Reed, Mayfield, Reed & Hines, Paducah, of counsel, for respondent.

CULLEN, Commissioner.

The executor of the will of Ed Gardner, deceased, has petitioned this Court for a prohibitory order against the judge of the Graves Circuit Court. The principal relief sought is a prohibition against the entertainment of any further proceedings in an action brought by Bunk Gardner, Sr., in the Graves Circuit Court to contest the will of Ed Gardner, until such time as a release executed by Bunk Gardner, Sr., embodying an agreement to accept the...

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