114 Ky. 634 | Ky. Ct. App. | 1903
Opinion of the court by
Reversing.
Barbara Rodemer di'ed testate in Kenton county on April 13, 1899, leaving two grown children, a son and a married daughter, appellant and appellee Mrs. Rettig. After a special bequest of $300, she disposed of the rest of her estate in the following language, to-wit: “All the rest of my estate, consisting of money I hold in building associations, notes, and what moneys I may have at the time, of my death, I give,.devise and bequeath to my son, August Rodemer, and my daughter, Mary Rettig.” She left personal property, consisting of. notes and stock in building associations, other than the note here in controversy, amounting to $2,432.79. The question involved is whether or not a note which the appellee George Rettig executed to her is part of her estate. It is as follows: “2,000.00. Covington, Ky., March 3d, 1896. One day after date I promise to pay to the order of Barbara Rodemer two thousand dollars, with interest at 5 per cent, per annum. This note, however, to become null and void on the death of said Barbara Rodemer. [Signed] George Rettig. No--. Due -.” She collected the five per cent, on the note from the time it was executed until the time of her death, except the interest for the last year. George Rettig executed his note to her for $2,500 for borrowed money, and afterwards paid $500 on it. For the balance of the note he executed the $2,000 note. The $2,000 note remained unpaid at her death, and the payor claims it was a gift to his wife. As an evidence of it he relies upon the terms of the note and other testimony tending to show that she intended
Judgment is reversed for proceedings consistent with 1his opinion.
Petition for rehearing by appellee overruled.