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LEE v. PORTER

598 S.W.2d 465 (1980)

Thelma LEE, Incompetent by Eddie S. Dawson, Next Friend, Appellant, v. J. Chester PORTER, Administrator with Will Annexed of the Estate of Jeffie Lee, Deceased, and as Committee for Thelma Lee, Incompetent and Thomas B. Givhan; Lindsay M. Wiggington and Harry Roggencamp, Appellees.

Court of Appeals of Kentucky.

Rehearing Denied May 2, 1980.

Attorney(s) appearing for the Case

Douglas M. Lamb, Erwin S. Sherman, S. Arnold Lynch, Lynch, Sherman & Fowler, Louisville, for appellant.

J. D. Buckman, Jr., Shepherdsville, for appellees, Wiggington and Roggencamp.

Athol Lee Taylor, Taylor, Waller & Wooldridge Shepherdsville, for appellee, Porter.

John E. Spainhour, Shepherdsville, for appellee, Givhan.

Before COOPER, GUDGEL and LESTER, JJ.

LESTER, Judge.

This is an appeal from an order dismissing the claim of an incompetent against her fiduciary for want of jurisdiction of the subject matter. It presents a question of first impression under the recently adopted constitutional judicial article and the statutes enacted pursuant thereto.

J. Chester Porter was appointed as the committee of Thelma Lee, an incompetent; he was also appointed as the administrator with will annexed of Thelma's deceased...

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