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ATHENS CHRISTIAN CHURCH OF ATHENS v. STEVENS

561 S.W.2d 103 (1977)

ATHENS CHRISTIAN CHURCH OF ATHENS, Kentucky, Charles Baesler, Homer Turner, S. B. Kelley, Edward Guilfoil, and Douglas Guilfoil, Trustees of Athens Christian Church of Athens, Kentucky, Appellants, v. John H. STEVENS, Jr., Lisa Lane Rice, William K. Rice, Jr., Carter McLeod Rice, the Unborn Issue of John H. Stevens, Jr. Born after February 24, 1943, Henry L. McLendon, White, McCann & Stewart, Saco, Inc., Robert L. Gullette, Individually and as Warning Order Attorney for the Unborn Issue of John H. Stevens, Jr. Born after February 24, 1943, Robert Walker, Individually, and as Guardian ad litem for Lisa Lane Rice, William K. Rice, Jr., and Carter McLeod Rice, and William K. Rice, Statutory Guardian for Lisa Lane Rice, Appellees.

Court of Appeals of Kentucky.

As Modified On Denial of Rehearing February 10, 1978.

Attorney(s) appearing for the Case

Frank S. Ginocchio, Lexington, for appellants.

White, McCann & Stewart, Winchester, for appellees, John H. Stevens, Jr. and White, McCann & Stewart, and Henry L. McLendon.

Brown, Sledd & McCann, Lexington, for appellees, Robert Walker, individually, and as guardian ad litem for Lisa Lane Rice, William K. Rice, Jr. and Carter McLeod Rice.

Robert L. Gullette, Nicholasville, for appellees, the unborn issue of John H. Stevens, Jr., and Robert L. Gullette.

Julius E. Rather, Lexington, for appellee, Saco, Inc.

Before GANT, HOWERTON and WHITE, JJ.

GANT, Judge.

This is a many faceted case involving judicial approval of a private sale. The matter begins with the will of Lillie Sharp Stevens, who died July 21, 1943, and who devised certain property in the following manner:

ITEM III. I give and devise my farm in Jessamine County, Kentucky on the Lexington-Nicholasville Road and such other farm or farms as I may own at the time of my death to my son, JOHN H. STEVENS, JR., for and during his natural life...

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