Forsee's Admx. v. Forsee

• Decision Date: 10 June 1911
• Citation: 144 Ky. 169
• Parties: Forsee's Admx., et al. v. Forsee.
• Court: Kentucky Court of Appeals

144 Ky. 169

Forsee's Admx., et al. v.Forsee.

Court of Appeals of Kentucky.

Decided June 10, 1911.

Appeal from Owen Circuit Court.

CLORE, DICKERSON & CLAYTON and JOHN W. DOUGLAS for appellant.

BOTTS, PERRY & LINDSAY for appellee.

OPINION OF THE COURT BY WILLIAM ROGERS CLAY, COMMISSIONER — Affirming.

J. S. Forsee, father of G. W. Forsee, died, testate, in the year 1903, a resident of Owen county, Kentucky.At the October term, 1903, of the Owen County Court, his will was admitted to probate.The fifth clause of the will is as follows:

"I give and bequeath to my son, G. W. Forsee, during his natural life, and at his death to his heirs, the farm upon which he now lives; which farm, together with the money and other valuables given to him by me, I value at $15,000.00."

G. W. Forsee had only two children, Ira Lee Forsee and W. T. Forsee.

On December 29, 1906, Ira Lee Forsee and his wife, Stella B. Forsee, sold and conveyed their entire interest in the tract of land devised by J. S. Forsee in the above clause of his will, to appellee, W. T. Forsee, the consideration being the latter's note for $6,000.00, payable to Ira Lee Forsee, and due one day after date, with six per cent. interest thereon until paid.At the time this transaction took place, W. T. Forsee was an infant about seventeen and a half years of age.

On May 2, 1907, Ira Lee Forsee died, intestate, a resident of Jefferson County, Kentucky.Shortly thereafter his wife, Stella B. Forsee, was appointed and qualified as administratrix of his estate.After her qualification as administratrix she moved to Owen County, and has since been a resident of that county.

On the day after he arrived at age, appellee, W. T. Forsee, elected to disaffirm the transaction referred to, on the ground of infancy.He served written notice of such election upon Stella B. Forsee as administratrix of her husband's estate.At the same time he tendered a deed reconveying to her the interest conveyed by her husband and her to him.On the same day he brought this action against appellant, Stella B. Forsee, individually and as administratrix of Ira Lee Forsee, to have the note in question adjudged void and the deed canceled.After appellant's special demurrer to the jurisdiction of the Owen Circuit court was overruled, she filed an answer and counter-claim.In the answer she set forth the circumstances under which the transaction took place, and then asked for judgment on the note sought to be canceled and for the enforcement of the lien by which its payment was secured.Upon submission of the case upon the pleadings and exhibits, together with the admission that appellee was an infant at the time the note was executed, the trial court adjudged the note to be void, and ordered the deed to be canceled.From that judgment this appeal...