Schott v. Schott's Ex'r

Opinion op the Court by

Morris, Commissioner

Affirming in part and reversing in part.

Reference to 286 Ky. 208, 149 S.W. 2d 782, will furnish a history of the litigation and the court’s conclusions on issues presented on appeal from orders dismissing appellants’ answers and cross-petition. Appellants then were, as on this appeal, the residuary legatees under Dr. Schott’s will, and creditors whose claims had been allowed in former partial settlement.

At the outset we are met with appellee’s motion, passed to the merits, to dimiss the appeal as to the four heirs on the ground that they are…