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BURKE v. BURKE

No. 89-CA-723-MR.

801 S.W.2d 691 (1990)

Lexie BURKE, Appellant, v. Donald E. BURKE and Beatrice Bates, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied January 25, 1991.

Attorney(s) appearing for the Case

Francis D. Burke, Pikeville, for appellant.

Lawrence R. Webster, Pikeville, for appellees.

Before HOWERTON, C.J., and CLAYTON and McDONALD, JJ.

McDONALD, Judge.

James Heber Burke died testate in Pike County on August 17, 1985. His will left everything to his wife of one month, Lexie Burke, and appointed her executrix of his estate. Heber's children, Beatrice Bates and Donald Burke, challenged the will, claiming undue influence and lack of testamentary capacity. A jury trial resulted in a verdict that the document probated was not the will of Heber Burke; Lexie's motion for a judgment notwithstanding the verdict...

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