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POWELL v. WINCHESTER BANK

551 S.W.2d 820 (1977)

Herman R. POWELL, Appellant, v. The WINCHESTER BANK, Trustee under the Will of W. M. Powell, et al., Appellees.

Court of Appeals of Kentucky.

April 8, 1977.

Attorney(s) appearing for the Case

David B. Redwine, Winchester, for appellant.

Beverly P. White, White, McCann & Stewart, Winchester, for The Winchester Bank, Trustee, and Elbert Adams and Hazel Adams.

Henry R. Wilhoit, Jr., Wilhoit & Wilhoit, Grayson, for Kentucky Christian College.

William Hays, Robert H. Hays, Hays & Hays, Winchester and Lexington, for Anderson College, Board of Church Extension and Home Missions of the Church of God, First Church of God, Bernard L. Hudson and Lorraine Hudson.

H. Gene Baldridge, Ashland, for Hope Hill Children's Home.

Robert L. Rose, Winchester, for William P. Vance and Elsie Mae Vance.

Blake Page, Winchester, for Dewey Smallwood and Geneva Smallwood.

Before WHITE, COOPER and HOWARD, JJ.

WHITE, Judge.

On May 3, 1946, the appellant, Herman Powell, was adjudged incompetent and of unsound mind by the Clark Circuit Court upon a petition signed by W. M. Powell as Petitioner. W. M. Powell was the father of appellant. On July 23, 1963, Kate Powell, appellant's mother, died intestate leaving a one-half undivided interest in a certain tract of real property that descended equally one-fourth to appellant and one-fourth to W. M. Powell, the surviving husband...

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