CRAIN v. DEAN

No. 87-SC-311-DG.

741 S.W.2d 655 (1987)

John H. CRAIN, Joe Lee Crain, Morgan G. Crain and Houston W. Crain, Appellants, v. Ralph Curd DEAN, John G. Prather, Sr., Administrator with Will Annexed of Blanche Crane Waddle, Deceased, Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 21, 1988.


Attorney(s) appearing for the Case

Robert E. Gillum, Somerset, for appellants.

David M. Andrews, Madalee Todd Molloy, Lexington, for appellee, Ralph Curd Dean.

John G. Prather, Jr., Somerset, for appellee, John G. Prather, Sr.


LAMBERT, Justice.

In this declaratory judgment action tried before the court, appellants were determined to be the paternal heirs of Blanche Crane Waddle and thus entitled to one-half of the intestate portion of her estate. The Court of Appeals reversed, holding that the trial court erred in admitting the testimony by deposition of two witnesses without finding the existence of one of the exemptions from live testimony set forth in CR 32.01(c). We granted appellants...

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