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WARD v. NORTON

385 S.W.2d 193 (1964)

Mabel G. WARD, Executrix of the Estate of Lida P. Hamm, et al., Appellants, v. Hiram NORTON et al., Appellees.

Court of Appeals of Kentucky.

December 18, 1964.

Attorney(s) appearing for the Case

Weldon Shouse, Shouse, Barker & Coplin, Lexington, for appellants.

Bardley & Blanton, Paris, for Hiram and Nancye Norton.

Charles Cox, Carlisle, for Rachel C. Norton and Carlisle Cemetery Co.

MONTGOMERY, Judge.

Hiram Norton and his wife by this action contested the will of Lida P. Hamm on the grounds of undue influence and lack of mental capacity. From a judgment based on a verdict declaring the writing not to be the will of the testatrix, appellants have appealed.

Appellees have moved to dismiss the appeal because of the failure of the appellants to have the court state in the judgment the actual value in controversy. KRS 21.070. The alternative...

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