Court of Appeals of Kentucky November 29, 1963 (Annie Gardner Foundation v. Gardner)

MOREMEN, Judge.

This is an appeal from an order in the Graves Circuit' Court sustaining appellees’ motion to abate and dismiss an action for injunctive relief upon the ground that the same parties were already litigating the same issues in a will contest suit.

Ed Gardner died on June 4, 1958 at the age of 87, a resident of Mayfield. His will was probated June 12, 1958.