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COOK v. BROWN

346 S.W.2d 725 (1960)

Byron COOK et al., Appellants, v. William BROWN, Administrator with Will Annexed of the Estate of Mattie Bates, Deceased, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 23, 1961.

Attorney(s) appearing for the Case

Marvin J. Sternberg, George Ryan, Louisville, for appellants.

Allen Schmitt, Louisville, for appellees.

BIRD, Judge.

This is an appeal from a judgment directing that a lost will be probated.

The record and the briefs are quite lengthy. However, careful scrutiny reveals only one question to be resolved. The proponents must meet the burden of proving the continued recognition of an unrevoked will. Gibbs v. Terry, Ky., 281 S.W.2d 712. Did the proponents meet that burden?

The trial court, over contestants' objection, permitted...

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