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KESLER v. SHEHAN

No. 95-SC-910-DG.

934 S.W.2d 254 (1996)

Peggy W. KESLER, Appellant, v. Norma SHEHAN, Executor of the Estate of Teddy H. Shehan; Norma Shehan, individually; Paige A. Turner; Jana Shehan; Patrick Shehan and Beverly Shehan, Appellees.

Supreme Court of Kentucky.

November 21, 1996.

Attorney(s) appearing for the Case

Homer Parrent, III, A. Whitney Thacker, James Michael Smither, Parrent & Vish, Louisville, for appellant.

John Douglas Hubbard, Regina Rapier Beckman, Challen P. McCoy, Fulton, Hubbard & Hubbard, Bardstown, for appellees.

WINTERSHEIMER, Justice.

This appeal is from a decision of the Court of Appeals which reversed a jury verdict and ordered a new trial on grounds that an expert offered an opinion going to the ultimate fact in a will contest case.

The questions presented are whether the Court of Appeals erred in its determination that the expert offered an opinion of the ultimate fact question which was reserved to the jury; whether the Shehan estate opened the door to the testimony...

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