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BARTH v. CITIZENS FIDELITY BANK & TRUST COMPANY

368 S.W.2d 339 (1963)

Raymond C. BARTH et al., Appellants, v. CITIZENS FIDELITY BANK & TRUST COMPANY, etc., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied June 28, 1963.

Attorney(s) appearing for the Case

William S. Kammerer, Louisville, for appellants.

Bullitt, Dawson & Tarrant, M. Brocks Senn, Burwell K. Marshall, Anthony R. Hellmann, Allen P. Dodd, Jr., E. Skiles Jones, John A. Fulton, Louisville, and Joseph McDaniels, New Albany, Ind., for appellees.

K. S. ALCORN, Special Commissioner.

Citizens Fidelity Bank & Trust Company, individually and as co-trustee under the will of Louise E. Meyer, brought this suit for construction of Item III of that will, with reference to the nature of the estate devised George F. Barth. That Item disposes of the residuary estate, and is as follows:

"ITEM III. All the remainder of my property, of every nature, kind or description, wherever located or situated, I give,...

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