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DRUKER v. LEVY

262 S.W.2d 681 (1953)

DRUKER v. LEVY et al.

Court of Appeals of Kentucky.

December 4, 1953.

Attorney(s) appearing for the Case

Stoll, Keenon & Park, Robert M. Odear, William G. Cox, Lexington, for appellant.

Ben Combs, Lexington, Warning Order Attorney.

William E. Sloan, Lexington, for Orthodox Jewish Home for the aged; Jewish Orthodox Old Folks Home; and The Jewish Hospital of St. Louis.

Benjamin Levy & Henry T. Duncan, Sr., David S. Weil, Henry T. Duncan, J., Lexington, for appellees.

Frank S. Ginocchio, Lexington, for Trustee under the will.

WADDILL, Commissioner.

Sheva Druker is Jennie Simon's niece and sole heir at law who appeals from a declaratory judgment upholding the validity of the fourth clause of the will of Jennie Simon.

The question to be determined on this appeal concerns the validity of the fourth clause of Jennie Simon's will which reads as follows:

"Fourth: I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, wheresoever...

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