GILBERT v. GILBERT


652 S.W.2d 663 (1983)

Charles GILBERT, Ralph William Gilbert, Junius M. Gilbert, Alexander Gilbert, Thomas J. Gilbert, Arthur Gilbert, Milbert Gilbert, Elsie Wyatt, Catherine Stevenson, and Lena Metclafe, Appellants, v. James GILBERT, Etta Gilbert, Jerry Thompson, Arthur Gilbert and Lola Gilbert, Guardians of Eric Baker, an Infant, Albert C. Horton and Barbara B. Horton, Guardians of Albert Grey Horton II, an Infant, Albert C. Horton and Barbara B. Horton, Guardians of Alanson P. Horton, an Infant, James Thompson, and Jeffrey Thompson, Appellees.

Court of Appeals of Kentucky.

As Modified June 17, 1983.


Attorney(s) appearing for the Case

Carl J. Bensinger, Louisville, for appellants.

Lee C. Summers, William B. Peden, Ewen, Mackensie & Peden, P.S.C., Buel L. Cox, Louisville, for appellees.

Before HOGGE, PAXTON, and WILHOIT, JJ.


PAXTON, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court determining that a holographic instrument, consisting of two writings folded together inside a sealed envelope, was a codicil instead of a second and superseding will. Appellees are a brother of the testator, a niece and three nephews of the testator, and two beneficiaries unrelated to the testator. Appellants are the testator's sisters and remaining brothers.

Frank Gilbert died...

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