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WHELAN v. PAYNE

343 S.W.2d 383 (1960)

Rev. Robert A. WHELAN, Pastor of St. Lawrence Church at Knottsville, Etc., Appellants, v. Wilbur PAYNE et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 17, 1961.

Attorney(s) appearing for the Case

Sandidge & Sandidge, Owensboro, for appellants.

William G. Craig, Byron, Sandidge, Holbrook & Craig, Owensboro (John S. Moremen, Owensboro, of counsel), for appellees

MILLIKEN, Judge.

This case involves a judgment awarding title by adverse possession of land assertedly charged with a testamentary trust for the poor. An interpretation of the will itself is determinative of the appellant's claim.

John C. McBride died testate in 1916, devising his property (except a colt) to his wife by the following language:

"* * * now I desire that my wife Mary Louisa McBride shall have all the rest that I possess during her life...

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