Vannatta v. Willett's Administrator
Court of Appeals of Kentucky
CASE 50 — PETITION EQUITY APPEAL PROM SHELBY CIRCUIT COURT. 1. The endorsements on the note were not made in- the presence of the decedent, and appellant’s testimony as to how he happened -to make them was not testifying “concerning any yerbal statement of, or any transaction with, or act done or omitted to be done by the decedent;” he was simply explaining an act done by him When the decedent was not present and with which decedent had nothing to do. 2. An order confirming…
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CASE 50 — PETITION EQUITY APPEAL PROM SHELBY CIRCUIT COURT. 1. The endorsements on the note were not made in- the presence of the decedent, and appellant’s testimony as to how he happened -to make them was not testifying “concerning any yerbal statement of, or any transaction with, or act done or omitted to be done by the decedent;” he was simply explaining an act done by him When the decedent was not present and with which decedent had nothing to do. 2. An order confirming a commissioner’s report of debts- is not a final order. Adkisson v. Dent, 88 Ky., 630; 'Chora v. Ghorn’si Admr., 17 Ky…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the court.
In an action to settle the estate of H. H. Willett, deceased, appellant, Vannatta, filed a note, properly proven, for $5,000 against the estate. This note is secured by mortgage. On the back of this note is endorsed:
“Received the interest on this note to September 22, 1890.”
“Received the interest on this note to September 22, 1891.”
“Received on the within note $600, September 29,1893.”
“Received the interest on the within note up to September 22, 1893.”
The sole question arises as to the competency of appellant as a witness to testify concerning the…
2Cited by5 opinions
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- Phillips' v. ReidCourt of Appeals of Kentucky (pre-1976) · 1937
- Olschewske v. PriesterCourt of Appeals of Texas · 1924
- Pritchard v. WilfordCourt of Appeals of Kentucky (pre-1976) · 1937
- Vincent v. NicholsCourt of Appeals of Kentucky (pre-1976) · 1946