Legal Opinion
Burke v. Burke
Court of Appeals of Kentucky
Decided October 12, 1990No. 89-CA-723-MRPublishedCited by 6 opinions
1Opinion of the Court
McDonald, judge.
James Heber Burke died testate in Pike County on August 17, 1985. His will left everything to his wife of one month, Lexie Burke, and appointed her executrix of his estate. Heber’s children, Beatrice Bates and Donald Burke, challenged the will, claiming undue influence and lack of testamentary capacity. A jury trial resulted in a verdict that the document probated was not the will of Heber Burke; Lexie’s motion for a judgment notwithstanding the verdict was denied, and she appealed.
Heber Burke originally hailed from Pike County but he spent most of his life in Ohio, where he…
2Cases cited13 opinions
- Cecil's Executors v. AnhierCourt of Appeals of Kentucky · 1917
- Bodine v. BodineCourt of Appeals of Kentucky (pre-1976) · 1931
- Kentucky Trust Co. v. GoreCourt of Appeals of Kentucky (pre-1976) · 1946
- Roland v. EibeckCourt of Appeals of Kentucky (pre-1976) · 1964
- Belcher v. SomervilleCourt of Appeals of Kentucky (pre-1976) · 1967
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3Cited by6 opinions
- Moore v. AsenteKentucky Supreme Court · 2003
- Bye v. MattinglyKentucky Supreme Court · 1998
- Rothwell v. SingletonCourt of Appeals of Kentucky · 2008
- Cameron v. CameronKentucky Supreme Court · 2008
- Kathryn Towery v. Craig T. McCormick in His Capacity as of the Estate of James T.Court of Appeals of Kentucky · 2022
1 more not listed; retrieve them via the Exa API.