Mullins v. First American Bank

McDONALD, Judge:

This case started out as a typical probate matter in the Boyd District Court. In December, 1987, the appellee, First American Bank of Ashland, Kentucky, petitioned the court to admit to probate the will and codicil of the recently deceased Helen Hodge and asked to be appointed executor of her estate. The will was executed in 1974, the codicil in 1975. An order was entered December 23, 1987, admitting the instruments to probate and appointing First American Bank as executor with a bond of $400,000.

Although the executor was aware of the existence of a second codicil to the will,…