Gilbert v. Gilbert

PAXTON, Judge.

This is an appeal from a judgment of the Jefferson Circuit Court determining that a holographic instrument, consisting of two writings folded together inside a sealed envelope, was a codicil instead of a second and superseding will. Appellees are a brother of the testator, a niece and three nephews of the testator, and two beneficiaries unrelated to the testator. Appellants are the testator’s sisters and remaining brothers.

Frank Gilbert died testate on June 5, 1979. Two writings were offered for pro-' bate: an eight-page typewritten instrument, prepared by an attorney, dated…