Little's Administrator v. Sizemore

Opinion of the Court by

Judge Clay

Affirming.

On April 25, 1921, William M. Sizemore tendered and offered for probate in the Breathitt circuit court the following writing as the last will and testament of W. B. Little, deceased:

“this the 15 day of March, 1920, payable at my death I promise to pay William M. Sizemore the sum of $1,500.00 fifteen hundred dollars out of my estate which I have at that time.

his

“ W. B. x Little mark

“Witness:

Johnny Sizemore,

Maud Ingram.”

Probate was refused on the ground that the writing was a note and not a will, and on the further ground that W. B. Little was not of…