Farris v. Evans

Opinion op the Court by

Morris, Commissioner

Affirming.

Col. Robert G-. Evans, then a resident of Boyle County, died tbe 5th of September, 1935. His will, dated August 2, 1935, probated in September, provided an ex pressed “desire” that Mrs. Evans, named executrix, “by way of remembrance” make suitable gifts to employes— the amounts to be determined by her. By the fourth item he gave the residue of his property to Mrs. Evans.

On July 2,1940, more than four years after probate, Robert J. Farris, a cousin of testator, instituted suit, seeking to have the will vitiated on the grounds of lack of…