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MARTIN v. CASSADY

628 S.W.2d 888 (1982)

John R. MARTIN, Individually and as named Executor in the original will of W. C. Martin; Jo Ann Lile, heir of W. C. Martin; and Frances Froedge, heir of W. C. Martin, Appellants, v. Thelma Hortense CASSADY, Appellee.

Court of Appeals of Kentucky.

February 26, 1982.

Attorney(s) appearing for the Case

Robert L. Dowell, Greensburg, Herbert B. Sparks, Edmonton, for appellants.

Bobby Richardson, Glasgow, for appellee.

Before HAYES, C. J., and HOWERTON and VANCE, JJ.

VANCE, Judge.

This case requires an interpretation of KRS 394.540, enacted in 1972, which provides as follows:

(1) A contract to make a will or devise, or not to revoke a will or devise, or to die intestate, if executed after June 16, 1972, can be established only by: (a) Provisions of a will stating material provisions of the contract; (b) An express reference in a will to a contract and extrinsic evidence proving the terms of the contract...

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