Wood's Executors v. Wickliffe

Judge Breck

delivered the opinion of the Court.

In 1824, Nathaniel Wickliffe instituted an action of covenant, in the Nelson Circuit Court, against Nathan B. Wood. Before any trial was had, Wood, having first made his last will and testament, departed this life. His will was proved and admitted to record in 1834, in the Spencer County Court, and James J. Wood and Nathan Deacon were qualified as executors. An order reviv*188ing the suit of Wickliffe was made in 1835, which was served upon Wood in 1837. In 1841 the suit was tried and Wickliffe obtained a judgment for upwards of $3000, which was…