Smith v. Riherd

HOWARD, Judge.

This action arose out of a dispute which occurred during a probate proceeding in the Harlan County Court before the adoption of the judicial article which eliminated the county courts. The litigants on both sides are daughters of the testatrix, Arizona Middleton. The appellants, defendants below, contested the validity of a will offered for probate by the appellee. The matter was tried by deposition before a Special Judge who determined that the testatrix lacked testamentary capacity. The Judge, therefore, directed the estate be divided equally among the parties. On January…