BAYS v. MAHAN


362 S.W.2d 732 (1962)

Raymond BAYS et al., Appellants, v. James MAHAN et al., Appellees.

Court of Appeals of Kentucky.

December 7, 1962.


Attorney(s) appearing for the Case

F. Byrd Hogg, Whitesburg, for appellants.

Harry M. Caudill, Whitesburg, for appellees.


MONTGOMERY, Judge.

The sole question to be decided is whether an aged mother living in the home of her son and depending on him for her support is considered a part of his "immediate family" for the payment of burial benefits under a burial plan insurance contract. The trial court denied the benefits. Motion for an appeal has been sustained.

The appellees are the representatives of the Hendrix Burial Plan, an unincorporated association formed in 1949 by the...

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