Kuechler v. Rubbathen

Opinion of the Court by

Judge Ratliff

Affirm-

ing.

Josephine K. Kelly died testate on the 17th day of January, 1935, a resident of Newport, Campbell county, Ky. At the time of her death she was the owner of various kinds of property in both Campbell and Fayetteeounites, Ky.

_ In her will she appointed the appellee, who was a resident of Lexington, Fayette county, Ky., as the sole executor of her estate. Appellee came into possession of the decedent’s will soon after her death and took it to Lexington and had it probated in the Fayette county court. In September, 1935, he filed suit in the Fayette…