MIMMS v. HUNT


458 S.W.2d 759 (1970)

Frank MIMMS et al., Appellants, v. Roy H. HUNT, Administrator of the Estate of Mary Gill Gough, Deceased, et al., Appellees.

Court of Appeals of Kentucky.

October 9, 1970.


Attorney(s) appearing for the Case

Charles L. Trevathan, F. L. Pearl, Pearl & Trevathan, Louisville, for appellants.

Richard W. Iler, Louisville, Jesse L. Riley, Jr., Russellville, William H. Walden, Louisville, for appellees; Bullitt, Dawson & Tarrant, Louisville, of counsel.


CLAY, Commissioner.

This is a lost will case. Probation of a carbon copy was denied in the county court, but on appeal to the circuit court a jury found it to be the last will and testament of Mary Gough. On a motion for judgment n. o. v. the circuit court set aside the verdict on the ground that the evidence of those seeking to probate the will was not sufficient to rebut the presumption that it had been revoked.

We have no question in this case with respect...

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