DUNCAN v. O'NAN


451 S.W.2d 626 (1970)

L. T. DUNCAN et al., Appellants, v. Ruth O'NAN, Executrix of the Estate of Mason Henry, Deceased, et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing March 27, 1970.


Attorney(s) appearing for the Case

Damon A. Vaughn, John Scott McGaw, Madisonville, for appellants.

Tommy W. Chandler, Providence, J. D. Ruark, Morganfield, for appellees.


REED, Judge.

In this will contest suit, a circuit court jury found that a document probated in the Webster County court was truly the last will and testament of Mason Henry. The testator's 81 nieces, nephews, grandnieces, and grandnephews, who were disappointed in their hopes of inheritance, had appealed the probate of the document to the circuit court on the grounds that Mason Henry lacked mental capacity to make a will at the time of execution of the probated document...

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