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SLATTERY v. KELSCH

734 S.W.2d 813 (1987)

Thomas B. SLATTERY and John P. Slattery, Jr., Appellants, v. Betty KELSCH, Individually and as Executrix of the Estate of Thomas Bernard Coleman; Mary Jo Gallenstein, Individually and as Executrix of the Estate of Thomas Bernard Coleman; Lillian Greenwell, Individually and as Executrix of the Estate of Thomas Bernard Coleman; Mary Jerome Case, Marjorie Dunn, Dorothy Jenkins, Alma Jones, Nancy Berter, Mildred Deller, Willa Fister, Jeanne Allred, William M. Slattedry, Margaret McPeak, Katherine Wyatt and Jeanne Rapp, Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court September 15, 1987.

Attorney(s) appearing for the Case

G. Benjamin Cowgill, Lexington, for appellants.

Willa Fister, Atlanta, Ga., John W. McNeill, William M. Slattery, Maysville, Katherine S. Wyatt, Richmond, Jeanne Allred, Winston Salem, N.C., Douglas L. Greenburg, Harrodsburg, Marilyn C. Jenkins, Fort Thomas, Willa J. Rapp, Campbell, Cal., Marjorie Dunn, Port Charlotte, Fla., Margaret McPeak, Richmond, for appellees.

Before HAYES, REYNOLDS and WILHOIT, JJ.

HAYES, Judge:

This is a will construction dispute in which appellants, Thomas Slattery and John Slattery, Jr., claim an interest in the estate of Thomas B. Coleman, through the applicability of Kentucky's antilapse statutes, KRS 394.400 and KRS 394.410. Summary judgment was granted against them by judgment entered in Mason Circuit Court on November 7, 1986, and this appeal followed. We affirm.

The facts, undisputed...

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