ROTHWELL v. SINGLETON

No. 2007-CA-001348-MR.

257 S.W.3d 121 (2008)

Eddie S. ROTHWELL, Sr., Appellant v. E. Eloise SINGLETON, Individually; and E. Eloise Singleton, Administratrix of the Estate of Jewell E. Rice, Deceased, Appellees.

Court of Appeals of Kentucky.

June 6, 2008.


Attorney(s) appearing for the Case

Frederick V. Short, Hustonville, KY, for Appellant.

Ephraim W. Helton, Danville, KY, for Appellees.

Before KELLER and THOMPSON, Judges; GRAVES, Senior Judge.


OPINION

THOMPSON, Judge.

This is a will contest action wherein it is alleged that a holographic will is void because the testator lacked testamentary capacity and the beneficiary exerted undue influence over the testator. The trial court found that because a prior jury found that the testator had testamentary capacity when she executed a different will, the doctrine of res judicata applied and dismissed the claim. As to the issue of undue influence...

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