Payton v. Payton

STEWART, Judge.

On April 28, 1951, Luther • Payton, an Oldham County farmer, was killed in an automobile accident. On May 3, 1951, an instrument dated December 13, 1934, was probated in the Oldham County court as his last will, and, pursuant to its terms, he left his property to his wife, Martha Noel Payton, appellee in this action, for life, with remainder to his heirs at law, appellants herein.

On July 6, 1951, appellee allegedly discovered a paper which purported to be a subsequent will of Luther Payton, dated January 18, 1946, by the provisions of which the deceased devised and bequeathed…