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CLARKE v. KIRK

No. 89-SC-524-DG.

795 S.W.2d 936 (1990)

John H. CLARKE, Trustee, John H. Clarke, Individually, James N. Kirk, Ann Kirk Burnette, Minkie Clarke Denham, Mary Clarke Legg, James L. Clarke, J. Kirk Clarke, Thomas R. Clarke, Robert A. Clarke, Elijah T. Kirk, Glenna B. Fossitt, Ann B. Shortt, John Denham, Cyndi D. Gardner, Hayden L. Hill, Milton F. Legg III, John D. Legg and Mary L. Moore, Appellants, v. John W. KIRK, Jr., Charles L. Kirk and Elizabeth Rees Kirk Hiles, Appellees.

Supreme Court of Kentucky.

September 6, 1990.

Attorney(s) appearing for the Case

Woodson T. Wood, Fox, Wood & Wood, Maysville, for appellants.

Carolyn S. Bratt, Lexington and Robert G. Zweigart, Zweigart, Royse, Zweigart and Kirk, Maysville, for appellees.

LAMBERT, Justice.

This Court granted discretionary review of the opinion of the Court of Appeals in an action for declaration of rights under the will of James Rees Kirk. At issue before this Court is the construction of a trust provision in the decedent's will.

James Rees Kirk died testate in 1973. His will, which was executed in 1956, together with codicils executed in 1963 and 1969, was duly probated. The codicils to

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