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SECOND NAT. BANK & T. CO. v. FIRST SEC. NAT. BANK & T. CO.

398 S.W.2d 50 (1965)

SECOND NATIONAL BANK & TRUST COMPANY, as Ancillary Administrator, etc., et al., Appellants, v. FIRST SECURITY NATIONAL BANK & TRUST COMPANY, as Executor, etc., et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied February 4, 1966.

Attorney(s) appearing for the Case

Rufus Lisle, Harbison, Kessinger, Lisle & Bush, Lexington, Roger B. Hendrix, Charlotte, N. C., for appellants.

Stoll, Keenon & Park, Miller, Griffin & Marks, Lexington, F. Thomas Miller, Jr., Charlotte, N. C., for appellees.

MILLIKEN, Judge.

This appeal involves the application of the ten-year statute of limitations to the probate of a will.

Wilson B. Dalton and the late Joe N. Dalton, appellants in this action, sought to probate the last will and testament of their sister, Margaret Dalton Kirk. The probate was opposed by the testatrix' only issue, appellee Louise Kirk Headley (now Edwards), and by the First Security National Bank & Trust Company, personal representative of...

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