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WILSON v. JOHNSON

389 S.W.2d 634 (1965)

John Shelby WILSON et al., Appellants, v. Virginia A. JOHNSON et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 21, 1965.

Attorney(s) appearing for the Case

C. E. Schindler, Louisville, for appellants.

Frank K. Bowman, Jr., Cincinnati, Ohio, William O. Ware, Covington, for Johnson.

Charles S. Adams, Covington, for 1st Nat. Bank and Trust Co.

Malcolm R. Rhoads, Newport, H. G. Hightower, Cincinnati, Ohio, for Salvation Army.

S. J. Stallings, Louisville, Joseph J. Leary, Frankfort, amici curiae.

WILLIAMS, Judge.

This is an appeal from a judgment of the Kenton Circuit Court denying appellants' claim to the remainder interest in the estate of Elizabeth P. Johnson. The court decreed that the entire estate passed to the Salvation Army, owner of Booth Memorial Hospital.

Elizabeth P. Johnson died testate in 1929. Her son, Leslie H. Johnson, became life beneficiary of her estate. At that time he was a mature married man with no children,

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