HARLAN v. CITIZENS NAT. BANK OF DANVILLE


251 S.W.2d 284 (1952)

HARLAN v. CITIZENS NAT. BANK OF DANVILLE et al.

Court of Appeals of Kentucky.

Rehearing Denied October 17, 1952.


Attorney(s) appearing for the Case

Jay W. Harlan, Pierce Lively, Danville, Smith, Reed & Leary, Frankfort, for appellant.

Chenault Huguely, Danville, Wiggins & Wiggins, Richmond, for appellee.


SIMS, Justice.

This declaratory action was brought by the Citizens National Bank of Danville, as trustee of George L. Harlan, deceased, against his surviving brother and sister, Jay W. Harlan and Mrs. Sue Robinson, to determine whether a power of appointment the will of their mother, Mrs. Annie S. Harlan, gave George was exclusive or nonexclusive. The chancellor in an exhaustive and well-reasoned opinion held the power to be nonexclusive, which we think was an erroneous...

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