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eBook details

• Title: Prichard v. Kitchen
• Author : Court Of Appeals Of Kentucky
• Release Date : January 15, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

SIMS, Justice. This action was instituted by May Prichard, a daughter of James B. Kitchen, who died Sept. 6, 1948, against his other children, Dallas Kitchen, Ellis Kitchen, Martha Kitchen, Lena Rapaz and Dell Hammons, to contest decedent's will. The jury found for the will, and six grounds are assigned for reversal: 1. The paper does not substantially comply with the 'statute of wills, either in its form, execution or attestation'; 2. it is the product of an insane delusion; 3. the court erroneously ruled on evidence; 4. erroneous instructions were given; 5. the court erroneously refused to instruct on undue influence; 6. improper argument of counsel for appellees. Testator left an estate of about $40,000, mainly real estate. The original paper in contest is in the record. It was drawn by F. A. Easterling, a notary public, on a printed form. All the language purporting to make disposition of decedent's property appears on the front page, with a blank space of approximately four inches below the last clause. There is no residuary clause. The clause appointing an executor, the testimonium, the name of testator, the attestation clause with the names of the witnesses, are on the back, or reverse, side of the printed form.

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