HALL v. CHILDRESS


392 S.W.2d 450 (1965)

Rosetta HALL et al., Appellants, v. Arthur Lee CHILDRESS et al., Appellees.

Court of Appeals of Kentucky.

July 2, 1965.


Attorney(s) appearing for the Case

Wilbur Fields, Louisville, for appellants.

J. Earl Dearing, Charles J. Lunderman, Jr., Louisville, for appellees.


DAVIS, Commissioner.

Appellants are contesting the will of the late Sarah C. Hampton. The circuit court directed a verdict upholding the will; the appellants assail that judgment in two respects: (1) The court should have directed a verdict against the will since the original will was not presented in the circuit court trial, and (2) there was sufficient evidence to submit to the jury whether appellee Childress had exercised undue influence upon the testatrix.

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