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UNIVERSITY OF LOUISVILLE v. ISERT

Nos. 86-CA-1070-MR, 86-CA-1123-MR.

742 S.W.2d 571 (1987)

UNIVERSITY OF LOUISVILLE, Appellant, v. John H. ISERT, III, Harriet Isert Johnson, and John H. Isert, III, Administrator of the Estate of John H. Isert, Jr., Appellees. John H. ISERT, III, Harriet Isert Johnson, and John H. Isert, III, Administrator of the Estate of John H. Isert, Jr., Cross-Appellants, v. UNIVERSITY OF LOUISVILLE, Cross-Appellee.

Court of Appeals of Kentucky.

December 4, 1987.

Attorney(s) appearing for the Case

Robert F. Matthews, Kathie M. McDonald, Greenebaum Doll & McDonald, Thomas H. Lyons, University Counsel, George S. Schuhmann, Louisville, for appellant/cross-appellee.

James Brown, John P. Reisz, Reisz, Brown, Rosenbaum & Foley, Louisville, for appellees/cross-appellants.

Before COMBS, COOPER and HAYES, JJ.

COOPER, Judge.

This is an appeal and a cross-appeal from an order of the trial court reforming a trust provision within a will pursuant to the language of KRS 381.216. On appeal, the substantive issues raised by the parties are whether the trial court erred in: (1) ruling that the trust language in the testator's will was voidable rather than void and thus able to be reformed under the language of KRS 381.216; and (2) reforming the trust itself by utilizing only one...

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