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MARCUM v. GALLUP

237 S.W.2d 862 (1951)

MARCUM et al. v. GALLUP.

Court of Appeals of Kentucky.

March 16, 1951.

Attorney(s) appearing for the Case

Dysard & Dysard, Ashland, Hal Marcum, Huntington, W. Va., for appellant.

Davis M. Howerton, Ashland, George Gallup, Catlettsburg, for appellee.

STANLEY, Commissioner.

The holographic will of the late Mrs. Blanche Marcum Mims has been contested by her niece, Mrs. Eleanor Marcum Trout, and her nephew, Kermit Marcum, her only immediate heirs, upon the ground that the instrument was not wholly in the handwriting of the testatrix and that it was executed through undue influence of or in behalf of the beneficiary, her second cousin, Mrs. Blanch Bromley Kirby. The will bequeathed $500 in trust for the care of cemetery...

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