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LINCOLN BANK & TRUST COMPANY v. BAILEY

351 S.W.2d 163 (1961)

LINCOLN BANK & TRUST COMPANY, Administrator, etc., Appellant, v. Ethel Wilder BAILEY et al., Appellees. Ethel Wilder BAILEY et al., Appellants, v. LINCOLN BANK & TRUST COMPANY, etc., Citizens Fidelity Bank & Trust Company, etc., Appellees.

Court of Appeals of Kentucky.

November 10, 1961.

Attorney(s) appearing for the Case

Leo T. Wolford, Eugene B. Cochran, O. Grant Bruton, Middleton, Seelbach, Wolford, Willis & Cochran, Louisville, for Lincoln Bank & Trust Co.

James W. Stites, James W. Stites, Jr., Louisville, for Citizens Fidelity Bank & Trust Co.

Squire R. Ogden, Richard F. Newell, John T. Ballantine, Ogden, Brown, Robertson & Marshall, Louisville, for Ethel Wilder Bailey

PALMORE, Judge.

James B. Wilder died testate in 1888, survived by two sets of grandchildren, being the five children of his deceased son, Graham Wilder, and the four children of his deceased daughter, Emma Wilder Hast. This is an action to construe paragraphs 6 and 7 of his holographic will, by which the residue of a substantial estate was left in trust for the benefit of the nine grandchildren and their descendants until 21 years after the death of the last survivor...

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