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MELTON v. WYATT

517 S.W.2d 242 (1974)

Dixie MELTON and Oscar Melton, her husband, Appellants, v. Masel WYATT and Garland Wyatt, her husband, et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 24, 1975.

Attorney(s) appearing for the Case

Damon A. Vaughn, Vaughn & Monhollon, Henderson, for appellants.

Carroll W. Morrow, Moore, Morrow, Frymire & McGaw, Madisonville, for appellees.

STEPHENSON, Justice.

Construing the language of a will to prohibit a gift of real estate by the widow to one of her children, the trial court adjudged the deed to be invalid. We reverse.

The pertinent portions of the will are as follows:

"ITEM II. I give, bequeath and devise unto my wife, Zera Brinkley, all of my estate, both personal and real, for and during her lifetime, with the power to use, sell, mortgage...

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