Gill v. Gill

CLAY, Commissioner.

The single question involved on this appeal is whether the trial court abused its discretion in dismissing a civil proceeding for want of prosecution under CR 41.02.

Appellee, Frances L. Gill, is the personal representative of her husband, W. M. Gill, who died testate in May 1967. Appellants are four of W. M. Gill’s natural children by a former marriage. Gill’s will was admitted tu probate on June 28, 1967, and final settlement was filed March 21, 1968. From the probate of this will appellants filed an appeal to the Oldham Circuit Court (under KRS 394.240) on July 12, 1968,…