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ANNIE GARDNER FOUNDATION v. GARDNER

375 S.W.2d 705 (1963)

The ANNIE GARDNER FOUNDATION, etc., et al., Appellants, v. Emily GARDNER, etc., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied March 13, 1964.

Attorney(s) appearing for the Case

Farland Robbins, Mayfield, James W. Stites, S. Russell Smith, Edwin H. Perry, Louisville, Malcolm R. Boaz, Mayfield, for appellants.

Charles I. Dawson, Edwin F. Schaeffer, Jr., Louisville, Louis Cox, Frankfort, L. M. Tipton Reed, Mayfield, David R. Reed, Paducah, for appellees.

MOREMEN, Judge.

This is an appeal from an order in the Graves Circuit Court sustaining appellees' motion to abate and dismiss an action for injunctive relief upon the ground that the same parties were already litigating the same issues in a will contest suit.

Ed Gardner died on June 4, 1958 at the age of 87, a resident of Mayfield. His will was probated June 12, 1958. The entire estate was devised and bequeathed to the First National Bank of Mayfield to hold...

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