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COMMONWEALTH v. GARDNER

327 S.W.2d 947 (1959)

COMMONWEALTH of Kentucky ex rel. Jo M. FERGUSON, Attorney General, Appellant, v. Bunk GARDNER et al., Appellees.

Court of Appeals of Kentucky.

Rehearing Denied October 30, 1959.

Attorney(s) appearing for the Case

Jo M. Ferguson, Atty. Gen., Robt. F. Matthews, Jr., Asst. Atty. Gen., for appellant.

Charles I. Dawson, Bullitt, Dawson & Tarrant, Louisville, L. M. Tipton Reed, Martin, Neely & Reed, Mayfield, Edwin F. Schaeffer, Jr., Louisville, David Reed, Paducah, for appellee Bunk Gardner, Sr.

M. C. Anderson, Wickliffe, Malcolm R. Boaz, Mayfield, S. Russell Smith, Louisville, Robbins & Cross, Mayfield, for other appellees.

SANDIDGE, Judge.

On June 12, 1958, two instruments were probated by the Graves County Court as the last will and testament of Ed Gardner, deceased. They purport to devise and bequeath the bulk of decedent's estate in trust to the Trust Department of The First National Bank of Mayfield, Ky., to provide for the distribution of the net income of that trust to another trust, the Annie Gardner Foundation, an unincorporated charitable

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