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MORRIS v. BRIEN

712 S.W.2d 347 (1986)

Roger MORRIS, as Executor of the Estate of Victoria Morris Lee, Deceased, Appellant, v. W.J. BRIEN, Jr.; Franklin Lee Morris; Jerry Don Morris; Bobby Dale Morris; Judy Caryol Taylor; and Eddie Ray Morris, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 16, 1986.

Discretionary Review Denied and Opinion Ordered Published by Supreme Court July 28, 1986.

Attorney(s) appearing for the Case

Earl T. Osborne, Osborne & Harris, Paducah, for appellant.

Kerry B. Harvey, Prince & Harvey, Benton, for appellee, W.J. Brien, Jr.

David C. Booth, McMurry & Livingston, Paducah, for appellee, Jerry Don Morris.

Joe A. Owen, Benton, for appellees, Franklin Lee Morris, Bobby Dale Morris, Judy Caryol Taylor, and Eddie Ray Morris.

Before HAYES, C.J., HOWARD and WHITE, JJ.

WHITE, Judge.

This appeal is taken from an Order of the Marshall Circuit Court by which appellant's action under KRS 24A.120(2) was dismissed and a writ of prohibition denied.

In April 1984 Roger Morris was appointed executor for the estate of his mother, Victoria Morris Lee. Immediately thereafter other heirs to the estate, appellees herein, petitioned the Marshall District Court for his removal, asserting that a conflict of interest was established by Mr...

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