SMITH v. WHITE


378 S.W.2d 622 (1964)

Robert Wayne SMITH et al., Appellants, v. Byrd Smith WHITE et al., Appellees.

Court of Appeals of Kentucky.

April 24, 1964.


Attorney(s) appearing for the Case

Joseph E. Fineman, Felix J. Sanders, Jr., and Herman E. Frick, Louisville, for appellants.

Davis Williams, Munfordville. for appellees.


CULLEN, Commissioner.

This appeal involves the construction of the residuary clause of the holographic will of Kate Smith, which is:

"* * * the rest of my estate land and Stock and belongings to my sister Poca Smith, if she out lives me she devide my little among my nephews & Nieces."

Poca survived Kate and subsequently died leaving a will in which she undertook to devise all of her estate, including what she had received from Kate, to a brother...

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