Whitaker v. Whitaker's Administrator

Opinion of the Court by

Judge Turner

Reversing.

In 1882 Thomas S. Whitaker and Sarah F. Whitaker had been married for several years and lived upon his farm of about three hundred acres in Boone county. They did not then have and never had any children.

At that time he bought another tract of land of about thirty-eight acres, known as the Gaines farm, and in paying for same used $1,200 of her money. They moved to the Gaines farm and lived there until his death in 1908.

After his death there was found among his papers the following instrument:

“Boone County, Kentucky, May 5th, 1885.

i í 200.00.

“Due…