Justice v. Conn

HOWERTON, Judge.

Brenda Justice and the other appellants appeal from an order by the Floyd Circuit Court dismissing their contest of the will of Audra Boyd for failure to comply with the notice requirement in KRS 394.240(2). We disagree with the circuit court’s decision and reverse.

The appellants filed an action in the Floyd Circuit Court contesting the Last Will and Testament of Audra Boyd who died on December 20, 1983. The will was probated on December 27, 1983. On February 4, 1986, the circuit court granted the appellees’ motion to dismiss for failure to file a notice of contest pursuant to…