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SPARKS v. BOGGS

No. 91-CA-879-S.

839 S.W.2d 581 (1992)

Nelson T. SPARKS, Guardian Ad Litem for Opal Boggs, an Incompetent, Appellant, v. Janis H. BOGGS, Guardian for Opal Boggs and James E. Boggs, Executor for the Estate of Delbert Boggs, Deceased, Appellees.

Court of Appeals of Kentucky.

November 13, 1992.

Attorney(s) appearing for the Case

Nelson T. Sparks, Louisa, for appellant.

W. Morris Kennedy, Jr., C.F. See, III, Louisa, for appellees.

Before LESTER, C.J., and HAYES and JOHNSON, JJ.

JOHNSON, Judge.

This is an appeal from an Order dismissing a Petition for Declaration of Rights filed in Lawrence Circuit Court. We agree with the trial court that appellant, Nelson T. Sparks, Guardian Ad Litem for Opal Boggs, an Incompetent, is without legal authority to maintain this separate action on behalf of Opal Boggs in his capacity as her Guardian Ad Litem, and accordingly, affirm the trial court.

Delbert Boggs, Sr. died testate on July 31, 1989,...

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