Jasper v. Jasper

CLAY, Commissioner.

This suit was brought by plaintiff for a declaration of rights under Section 639 a-1 through 12 of the former Civil Code (now KRS 418.040 through 418.090), the purpose of the suit being to have the will of T. E. Jasper construed. This type of proceeding was specifically authorized by Section 639 a-2 of the Civil Code (now KRS 418.045).

Special and general demurrers were filed by the defendants, as was also a motion to make parts of the petition more definite and certain. After considering the merits of the controversy in some detail and delivering an eleven page opinion…