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PACE v. BURKE

No. 2003-CA-000251-MR.

150 S.W.3d 62 (2004)

Robert L. PACE; Dorothy Pace Morton; Lena Pace Morris; Fagan Pace Sr.; and Betty Pace Turner, Appellants, v. Samuel L. BURKE, Executor of the Estate of Rosemary Pace, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court December 8, 2004.

Attorney(s) appearing for the Case

Kenneth R. Haggard, Hopkinsville, KY, for appellant.

J. Daniel Kemp, Jason E. Holland, Hopkinsville, KY, for appellee.

Before COMBS, JOHNSON and MINTON, Judges.

OPINION

JOHNSON, Judge.

Robert L. Pace, Dorothy Pace Morton, Lena Pace Morris, Fagan Pace, Sr., and Betty Pace Turner (appellants) have appealed from an order of the Christian Circuit Court entered on January 30, 2003, which granted Rosemary M. Pace's1 motion for summary judgment. Having concluded that the trial court erred as a matter of law by determining that the agreement in question was not binding due to a lack of...

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