181 Ky. 589 | Ky. Ct. App. | 1918
Opinion of tile Court by
Affirming as to L. C. Hayes and denying the appeal of W. T. Hayes.
It appears that John Hayes died, a resident of Lawrence county, in the month of July, 1915. In the month of March, 1911, he divided his real estate among his children, with the exception of the home place, which he retained for himself and wife. In December, 1911, he made a will, bequeathing to a granddaughter the sum of $1,000.00, and dividing the remainder of his personal estate equally among his children, with the- exception of one-ninth, which he bequeathed to three children of a deceased son. After the division of his real estate and the execution of the will, bequeathing his personal property, he concluded to give each of his three children one hundred dollars in cash. After delivering this amount tcl some of them, he changed his mind and concluded to give each of his children one thousand dollars. This he did, after deducting the hundred dollars theretofore given and the amounts which his children owed him. In the case of L. C. Hayes he took out an indebtedness of $300.00 and gave him his check for $700.00. It further appears that John Hayes had loaned a considerable amount of money. Among the notes which he took was one for $1,100.00, executed by Augustus Snyder, a merchant of Louisa. Mr. Snyder paid the note and interest, aggregating $1,165.34, to L. C. Hayes. The latter contends that this note was given to him by his father. He
It will be seen from the foregoing statement that the only evidence tending to show that the- Snyder note was given to L. O. Hayes is the latter’s incompetent statement to that effect, coupled with the fact that the note was in his possession and that his father had agreed to help bim build a house. What provision his father had made for bim and the other children prior to the distribution of his real estate does not appear. One thing is certain. His father evidently believed that he made an equal division of his real estate and when he came to distribute his personal property,' both before his death and.by his will, he showed no purpose to prefer one of his children to another. On the other hand, he gave to each child a
In the case of L. C. Hayes v. John Hayes’ Exors., the judgment is affirmed.
In the case of W. T. Hayes v. John Hayes’ Exors., the motion for an appeal is denied and the judgment affirmed.