KENTUCKY TRUST COMPANY v. KESSEL


464 S.W.2d 275 (1971)

The KENTUCKY TRUST COMPANY, Executor, Estate of Bessie R. Kessel, Appellant, v. Yale KESSEL, Individually, etc., et al., Appellees.

Court of Appeals of Kentucky.

February 19, 1971.


Attorney(s) appearing for the Case

Raymond F. Bossmeyer, W. S. Heidenberg, Heidenberg & Bossmeyer, Louisville, for appellant.

Leon Seidman, John Riehl, Jr., Louisville, for appellees.


PALMORE, Judge.

This is a declaratory judgment action in which the essential facts were treated as undisputed and judgment was entered on the basis of the allegations in the pleadings.

There is but one question in the case, and it can be simply stated. When a tenant by the entirety purports in his will to dispose of the fee simple title and the surviving spouse (a) fails to renounce the will and (b) accepts other benefits under the will, do the surviving spouse...

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