Rybolt v. Futrell

Opinion op the Court by

Judge Sims

Affirming.

A different question is presented on this appeal from that dealt with in our opinion on the former appeal reported in 291 Ky. 384, 164 S. W. (2d) 964. The question involved there was one of procedure while the one here relates to the merits and presents the question of whether or not testator complied with KS sec. 4828, now KRS 394.040, in executing his will. The parties waived a jury, the judge heard the proof and rendered a judgment that the above section was complied with and ordered the county court to probate the will, and this appeal followed.

On…