Griffith's Adm'x v. Miller

Opinion op the Court by

Judge Ratlipp

Reversing.

The appellants, who were plaintiffs below, brought this action in the Boone circuit court against appellees D. W. Miller and Fannie Smith Miller, his wife, and three infant children of D. W. Miller, seeking to recover of them on a note for $4,300 and to subject certain real estate to the payment of the note. The basic facts out of which this litigation arose are, in substance, these:

Lizzie E. Miller died testate in January, 1933, a resident of Boone County, Kentucky. By the terms of her will testatrix devised to the defendant, D. W. Miller, who •…