STRUNK v. LAWSON

Nos. 2009-CA-001810-MR, 2010-CA-001133-MR, 2010-CA-001195-MR.

447 S.W.3d 641 (2013)

Tim STRUNK, Individually, and Peggy Neal Individually, and as Co-Executors of the Estate of Mamie L. Strunk, Deceased, Appellants v. Robert LAWSON, Individually, and as Co-Executor of the Estate of Mamie L. Strunk, Bill Foggo, Individually, and as Fiduciary of the Estate of Bonnie Foggo, Deceased; Gary Stouse, Individually and as Fiduciary of the Estate of Gail Stouse, Deceased; Jason Stouse; Vanessa Stouse, a Minor; Mildred M. Leonard; Shirley Byrd; Janie Lynn Lawson Stanley; Edna Musgrove Murphy; Christy Lawson Midden; William David Gover; Randall E. Maynard; and Marsheila Cummings, Appellees and Peggy Neal, Individually, and As Co-Executrix of the Estate of Mamie L. Strunk, Deceased; and Tim Strunk, Individually and as Administrator of the Estate of Hobart Strunk, Deceased, Appellants v. Estate of Mamie L. Strunk, Deceased, by and Through Robert Lawson, Individually, and as Co-Executor of the Estate of Mamie L. Strunk; Bill Foggo, Individually, and as Fiduciary of the Estate of Bonnie Foggo, Deceased; Gary Stouse, Individually and as Fiduciary of the Estate of Gail Stouse, Deceased; Jason Stouse; Vanessa Stouse, a Minor; Mildred M. Leonard; Shirley Byrd; Janie Lynn Lawson Stanley; Edna Musgrove Murphy; Christy Lawson Midden; William David Gover; Randall E. Maynard; and Marsheila Cummings, Appellees and Tim Strunk, Individually, and as Executor of the Estate of Hobart Strunk, Deceased; and Peggy Neal, Individually and as Co-Executrix of the Estate of Mamie L. Strunk, Deceased, Appellants v. Estate of Mamie L. Strunk, Deceased, by and Through Robert Lawson, Individually, and as Co-Executor of the Estate of Mamie L. Strunk, Bill Foggo, Individually, and as Fiduciary of the Estate of Bonnie Foggo, Deceased; Gary Stouse, Individually and as Fiduciary of the Estate of Gail Stouse, Deceased; Jason Stouse; Vanessa Stouse, a Minor; Mildred M. Leonard; Shirley Byrd; Janie Lynn Lawson Stanley; Edna Musgrove Murphy; Christy Lawson Midden; William David Gover; Randall E. Maynard; and Marsheila Cummings, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied December 2, 2013.


Attorney(s) appearing for the Case

Austin Price , Whitley City, KY, John G. Prather, Jr. Somerset, KY, for appellant.

Tim Lavender , Whitley City, KY, Howard O. Mann , Graham C. Trimble , Corbin, KY, for appellee.

Before CAPERTON, COMBS and NICKELL, Judges.


OPINION

These consolidated appeals challenge the McCreary Circuit Court's interpretation of the will of Mamie L. Strunk (Mamie).1 The challenge is brought by Peggy Neal (Neal)2 and Tim Strunk (Strunk)

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