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MacLEAN v. CITIZENS FIDELITY BANK & TRUST CO.

437 S.W.2d 766 (1969)

Angus D. MacLEAN et al., Appellants, v. CITIZENS FIDELITY BANK & TRUST CO., Exec., etc., et al., Appellees.

Court of Appeals of Kentucky.

February 21, 1969.

Attorney(s) appearing for the Case

James T. Carey, Louisville, for appellants.

Charles F. Wood, Greenebaum, Barnett, Wood & Doll, S. J. Stallings, Richard Iler, Bullitt, Dawson & Tarrant, Louisville, for appellees.

OSBORNE, Judge.

This is an action for declaration of rights instituted pursuant to the provisions of KRS 418.040. The action was brought by the Citizens Fidelity Bank & Trust Co. of Louisville as executor of the wills of Elizabeth K. MacLean and Donald Hector MacLean. Elizabeth K. MacLean died on November 11, 1961, and her will was probated on December 8, 1961. The residuary clause of Elizabeth K. MacLean's will devised certain property in equal shares to her...

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