E. Rutledge LILLY, Jr.; Mary Elizabeth Hintze; Julia Lilly Atterberry; Margaret Ann Joseph; and Edward Rutledge Lilly, III, Appellants,
v.
CITIZENS FIDELITY BANK and TRUST COMPANY, Trustee Under the Will of J.C. Parker; J. Cooper Lilly; First Kentucky Trust Company, Executor of the Estate of E. Rutledge Lilly; First Kentucky Trust Company as Executor Under the Will of Mary Elizabeth Parker Lilly, and Trustee Under Agreement of July 7, 1978; Robert Lieffers Hintze; Douglas Parker Lilly; James Cooper Lilly, Jr.; and Unborn Issue of Mary Parker Lilly, Appellees.
J. Cooper LILLY, Appellant,
v.
CITIZENS FIDELITY BANK and TRUST COMPANY, Trustee Under the Will of J.C. Parker; E. Rutledge Lilly, Jr.; Mary Elizabeth Hintze; Julia Lilly Atterberry; First Kentucky Trust Company, Executor of the Estate of E. Rutledge Lilly; First Kentucky Trust Company as Executor Under the Will of Mary Elizabeth Parker Lilly, and Trustee Under Agreement of July 7, 1978; Margaret Ann Joseph; Edward Rutledge Lilly, III; Robert Lieffers Hintze; Douglas Parker Lilly; James Cooper Lilly, Jr.; Unborn Issue of Mary Parker Lilly, Appellees.
Anne Cooper WEISS, Appellant,
v.
Innes W. DOBBINS III; Stephen A. Dobbins; Liberty National Bank & Trust Company; Sanford Weiss; Kosair Charities Committee, Inc.; Bellewood Presbyterian Home for Children, Inc.; Unborn Issue of Ann Parker Dobbins and Anne Cooper Weiss, Appellees.
Court of Appeals of Kentucky.https://leagle.com/images/logo.png
April 2, 1993.
As Modified May 21, 1993.
Discretionary Review Denied by Supreme Court September 22, 1993.
Attorney(s) appearing for the Case
William Patrick Mulloy, II, Mulloy, Walz, Wetterer, Fore & Schwartz, Louisville, for E. Rutledge, Jr. & III; Hintze; Atterberry; and Joseph.
Homer Parrent, III, Parrent & Parrent, Louisville, for J. Cooper Lilly.
Randolph A. Noe, Greenebaum Treitz Brown & Marshall, P.S.C., Louisville, for Citizens Fidelity Bank & Trust Co.
James T. Carey, Louisville, for First Kentucky Trust Co., Executor of the Will of E. Rutledge Lilly.
F. Gerald Greenwell, Maureen P. Taylor, Brown, Todd & Heyburn, Louisville, for First Kentucky Trust Co., Trustee under the Will of Mary Parker Lilly.
John A. Wilmes, Louisville, Guardian Ad Litem for Robert Lieffers Hintze.
Douglas Parker Lilly, James Cooper Lilly, Jr.; Unborn Issue of Mary Parker Lilly, Ann Parker Dobbins and Anne Cooper Weiss; and Sanford Weiss, not represented by counsel.
Ann B. Oldfather, Oldfather & Morris, Louisville, for Anne Cooper Weiss.
Joseph R. Gathright, Jr., Gathright & Hardy, Louisville, for Innes & Stephen Dobbins.
William A. MacKenzie, MacKenzie & Peden, Louisville, for Liberty Nat. Bank.
William A. Buckaway, Jr., Tilford, Dobbins, Alexander & Buckaway, Louisville, for Kosair Charities Committee, Inc.
Martin P. Duffy, Peggy Von Werdt, Wyatt, Tarrant & Combs, Louisville, for Bellewood Presbyterian Home for Children, Inc.
Before HUDDLESTON, McDONALD and WILHOIT, JJ.
Court of Appeals of Kentucky.
McDONALD, Judge.
The Jefferson Circuit Court adjudged that a testamentary power of appointment was validly exercised and this appeal followed.
J.C. Parker executed a will on May 28, 1936, and then a codicil to that will on September 20, 1937. J.C. Parker died August 4, 1939.
Surviving J.C. Parker were his wife, Minnie White Parker, and three children, John W. Parker, Ann Cooper Parker Dobbins and Mary Elizabeth Parker Lilly.
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