West v. Goldstein

The scholarly opinion of the majority has addressed a number of questions which are unnecessary to the decision in this case, but failed largely to address the question *388which is central to the case. Simply stated, the question is whether the failure of a party attacking the validity of a will to name all beneficiaries of the will as parties to the litigation is fatal to the action.

Since at least 1911, the courts of this Commonwealth have consistently answered the foregoing question in the affirmative (Scott v. Roy, 144 Ky. 99, 137 S.W. 858 (1911); Security Trust Co. v. Swope, 274 Ky. 99, 118…