RODGERS v. CHESHIRE


421 S.W.2d 599 (1967)

Mary Frances RODGERS et al., Appellants, v. Billy Todd CHESHIRE, Executor of the Will of Ora Cheser, Deceased et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing December 15, 1967.


Attorney(s) appearing for the Case

E. Gaines Davis, Jr., Smith, Reed, Yessin & Davis, Frankfort, for appellants.

Marion Rider, Billy Todd Cheshire, Allen Prewitt, Richard A. Prewitt, Prewitt & Prewitt, Frankfort, for appellees.


STEINFELD, Judge.

Mary Frances Rodgers, niece of the decedent, and Mary's husband sued to contest the instrument probated as the last will of Ora Cheser. They claim that the testatrix lacked the necessary mental capacity to make a will and that if she had testamentary capacity she acted under undue influence. The jury found "in favor of the defendants" whereupon the court "adjudged that the writing dated March 6, 1964, * * * is the last will and testament of Mrs....

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