CUBBAGE v. GRAY


411 S.W.2d 28 (1967)

Allen P. CUBBAGE, Executor of a Paper, etc., of John W. Clark et al., Appellants, v. Panzy GRAY et al., Appellees.

Court of Appeals of Kentucky.

January 27, 1967.


Attorney(s) appearing for the Case

Richard E. Moorman, Cubbage & Cubbage, Leitchfield, for appellants.

Kenneth Goff, Leitchfield, Rhodes Bratcher, Owensboro, for appellees.


CULLEN, Commissioner.

Probate of the will of John W. Clark was contested on the grounds of undue influence and lack of mental capacity. The jury found against the will and judgment was entered setting aside the county court order of probate. The contestees have appealed, asserting as their major contention that a verdict should have been directed in favor of the will.

Clark, an 82-year-old widower, owned a small farm and had a few thousand dollars in cash...

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