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WHITEHEAD v. DONNELLY

368 S.W.2d 337 (1963)

Elizabeth WHITEHEAD, Appellant, v. Helen Garvin DONNELLY et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 28, 1963.

Attorney(s) appearing for the Case

Duncan & Allender, Bowling Green, for appellant.

Coleman, Harlin & Orendorf, Marshall Funk, Bowling Green, for appellees.

CLAY, Commissioner.

The construction of a provision of a holographic will is sought in this declaratory judgment action. The controversy is between the named residuary legatees and the heirs of the testatrix. The Chancellor adjudged the legatees took the property in fee simple.

The will of the testatrix, after disposing of a tract of real estate and certain corporate stocks, provided:

"3. The residue of my estate, real, personal & mixed to Louise...

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