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McCUDDY v. CITIZENS FIDELITY BANK AND TRUST CO.

505 S.W.2d 766 (1974)

Robert F. McCUDDY et al., Appellants, v. CITIZENS FIDELITY BANK AND TRUST COMPANY, Trustee, et al., Appellees. Mary Byrne Edwards GORRELL, Appellant, v. The LOUISVILLE TRUST COMPANY, Ancillary Administrator with Will annexed of the Estate of Martha L. Christian, Deceased, et al., Appellees.

Court of Appeals of Kentucky.

February 15, 1974.

Attorney(s) appearing for the Case

Ben J. Talbott, Jr., Middleton, Reutlinger & Baird, Louisville, for appellants, McCuddy, Duncan and Woody.

William L. Montague, Charles E. Shivel, Jr., Stoll, Keenon & Park, Lexington, for appellant Mary Byrne Edwards Gorrell.

Martin Roach, Tarrant, Combs, Blackwell & Bullitt, Louisville, for appellees Citizens Fidelity Bank and Trust Co., trustee, and others.

Arthur J. Deindoerfer, Boehl, Stopher, Graves & Deindoerfer, Louisville, for appellee Louisville Trust Co.

John L. Knopf, Louisville, Warning Order Atty.

CULLEN, Commissioner.

This appeal is from a judgment which held that Martha L. Christian had the testamentary power of appointment with respect to the remainder interest in the share of the residue of the estate of George B. Edwards in which she was given a beneficiary interest by a codicil to Edwards' will. There are two appeals; one by the issue of the original devisees of the other beneficiary interests in the residue...

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