Transylvania University v. McDonald's Ex'r

Opinion of the Court by

Judge Stites

Affirming.

This is the second appeal of this case. See McDonald’s'Executor v. Transylvania University, 274 Ky. 168, 118 S. W. (2d) 171. The suit was filed to settle the estate of Jasper McDonald, deceased. On February 8, 1924, Mr. McDonald executed a pledge to Transylvania University, payable at his death. It was asserted” by the executor that his decedent did not have mental capacity to execute the instrument and that it was secured by undue influence. He asked that the note be cancelled and that Transylvania be required to establish its claim, if any it…