Rose v. Finley's

Opinion of the Court by

Judge Thomas

Reversing.

H. F. Finley died testate and a citizen and resident of Whitley County, Ky., on October 16, 1909. Some years prior thereto (the date not appearing) the appellants .and defendants below, E. S. Eose as principal, and E. L. Pope as surety, executed to him their promissory note for the snm of $500. By his will the decedent appointed his son, the appellee and plaintiff below, Charles Finley, as executor thereof and he qualified as such. There came to his hands as part of the assets of his father’s estate the note of defendants which was renewed from…