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SCHMIDT v. HALPIN

351 S.W.2d 57 (1961)

Josephine SCHMIDT, Appellant, v. James W. HALPIN, Adm'r., etc., and Charles Edward Halpin, Appellees.

Court of Appeals of Kentucky.

November 3, 1961.

Attorney(s) appearing for the Case

E. H. Walton, Covington, for appellant.

William B. O'Neill, Cincinnati, Ohio, Ralph P. Rich, Covington, for appellees.

STEWART, Judge.

This appeal is from a declaratory judgment entered on motion for summary judgment which determined that appellee, Charles Edward Halpin, inherited the estate of his deceased son, Charles C. Halpin, amounting to $10,653.51. The adjudication of the trial court rests upon its interpretation of the residuary clause of the will of the decedent, which reads:

"Item II. All the rest, residue and remainder of my estate, whether it be real, personal...

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