Downing v. Whitlow

Opinion op the Court by

Judge Sampson

Reversing.

The questions presented by this appeal are, whether the note for $3,000.00 signed by appellees, Gertrude Whitlow and husband, W. R. Whitlow, payable to Mrs. H. S. Cox, was given by the latter to the former in such manner as to constitute a gift inter vivos; and, if not so, was the note in suit executed and delivered without consideration?

In January, 1923, Mrs. Benna W. Cox died testate a resident of and domiciled in Jefferson county, Kentucky. .She made her will some years before designating appellant, John R. Downing, as executor. Appellee, Mrs.…