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JUSTICE v. CONN

724 S.W.2d 227 (1986)

Brenda JUSTICE, Glema Collins, Dawson Boyd, Ray Boyd, Mary Akers, Rubenstine Akers, Individually and as Next Friends for Lavone Conn; Richard Click, N.D. Click, and Lavone Conn, Appellants, v. Herman CONN, Individually and as Executor of the Purported Last Will & Testament of Audra Boyd; Thelma Conn, Ruth Sloan, Denver Conn, and Gillis Conn, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court March 4, 1987.

Attorney(s) appearing for the Case

Lawrence R. Webster, Pikeville, for appellants.

Eric D. Hall, Prestonsburg, for appellees.

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

HOWERTON, Judge.

Brenda Justice and the other appellants appeal from an order by the Floyd Circuit Court dismissing their contest of the will of Audra Boyd for failure to comply with the notice requirement in KRS 394.240(2). We disagree with the circuit court's decision and reverse.

The appellants filed an action in the Floyd Circuit Court contesting the Last Will and Testament of Audra Boyd who died on December 20, 1983. The will was probated on December...

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