Miller's v. Shannon

SIMS, Judge.

The question for decision is whether or not the signature of testatrix appears at the end or close of a writing purporting to be her holographic will, as required by KRS 394.040, 446.060. The paper was probated without any contest in the Jefferson County Court, but on appeal to the Jefferson Circuit Court the trial judge in a well considered opinion held the paper was not duly executed, hence not the will of testatrix. This appeal followed.

The record shows no contrariety in the facts and a photostatic copy of the will, as well as of the envelope in which it was found, are in the…