FISCHER v. FISCHER

No. 2009-SC-000245-DG.

348 S.W.3d 582 (2011)

Joseph FISCHER; and Cindy Fischer, Appellants, v. John R. FISCHER, Successor Executor of the Estate of John Fischer, Appellee.

Supreme Court of Kentucky.

As Modified September 20, 2011.

Rehearing Denied October 27, 2011.


Attorney(s) appearing for the Case

Thomas V. Haile, Louisville, KY, Counsel for Appellant.

James C. Nicholson, Nicholson Law Office, Louisville, KY, Counsel for Appellee.


Opinion of the Court by Justice NOBLE.

This case involves a dispute between two brothers, Appellant Joseph Fischer and Appellee John R. Fischer, over an alleged oral agreement relating to the care of their elderly and ill mother by which one brother agreed to give up part of his inheritance if the other brother would care for their mother. The trial court found that a valid agreement had been reached. The Court of Appeals reversed on an issue that had not been raised...

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