Court of Appeals of Kentucky (pre-1976) February 21, 1941 (Finch's Ex'r v. Hopewell)

Opinion op the Court by

Morris, Commissioner—

Reversing.

The question for consideration is whether or not the court correctly sustained a demurrer to and dismissed petition filed by appellants. The demurrer admitted the truth of its allegations which in substance showed the following facts:

In 1928 the trustees of the “Clark Methodist Church,” in Winchester, executed to J. B.