Morguelan v. Lynch

SIMS, Justice.

This is the second action filed by the executor seeking a declaration of rights concerning the estate of Louis E. Mor-guelan, deceased. Also, it is a second appeal, the first opinion being reported in 307 Ky. 94, 209 S.W.2d 824, wherein we construed Item 6 of the will which devised testator’s son Stuart Morguelan, real estate located at 507 West Broadway in Louisville in fee and devised testator’s widow $4000 “In lieu of my wife’s dower interest in said real estate”. The widow there contended that this bequest to her was a charge upon the real estate and not a bequest out of the…