BAUER v. PIERCY

93-CA-2655-MR.

912 S.W.2d 457 (1995)

Diana BAUER, Individually and as Personal Representative of the Estate of Leonard Piercy; Delores Cochran; Wilma Crist; and Brian David Laduct, Personal Representative of Jan Hettinger, Deceased, Appellants, v. Emmie PIERCY, Appellee.

Court of Appeals of Kentucky.

December 22, 1995.


Attorney(s) appearing for the Case

William Thomas Klapheke II (briefed), Glasgow, for Appellants.

Joe Lane Travis (briefed), Thomas L. Travis (briefed), Glasgow, for Appellee.

Before HOWERTON, JOHNSTONE and WILHOIT, JJ.


HOWERTON, Judge.

The question posed in this appeal is whether a surviving spouse may renounce her late husband's will and take her statutory share when the two spouses had executed mutual wills and a contract "not to revoke or change their respective wills." There was no allegation that KRS 394.540, the statute concerning contracts to make a will, was not complied with. The trial court granted summary judgment in favor of the surviving spouse on the narrow issue of...

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