Lisle v. Tribble

• Decision Date: 01 December 1891
• Citation: 17 S.W. 742,92 Ky. 304
• Parties: Lisle v. Tribble.
• Court: Kentucky Court of Appeals

17 S.W. 742

92 Ky. 304

Lisle v. Tribble.

Court of Appeals of Kentucky.

December 1, 1891

Appeal from circuit court, Clark county. Affirmed.

"To be officially reported."

Action by Elizabeth Tribble against Annie F. Lisle to recover the value of a note. Judgment for plaintiff. Defendant appeals.

Bennett J.

It appears that A. J. Tribble, husband of the appellee Elizabeth T. Tribble, executed, in 1875, his promissory note to the appellee, who was then his wife, for the sum of $1,000, due and payable one day after the date. In 1887, A J. Tribble made a will, by which he directed that "all his just debts be paid." He also willed to his wife, the appellee, all his personal property absolutely, and one-third of his real estate during her life, remainder to his niece the appellant, subject to the charge of some special legacies, amounting to about $2,500. Not long after making the will said Tribble died, and the same was probated. The appellee, after the probate of the will, sued on the above-named note, and sought to subject the remainder interest of the appellant in said land to its payment. After the parties had pleaded to an issue, the appellant filed a second amended answer, by which it appears that, a few months before the death of A. J. Tribble, the appellee, while very sick and not expecting to recover from it, gave the note to her husband causa mortis; that the husband, within an hour after receiving the note, promised the appellee to will her additional property in land, equal in value to the note, in consideration of the gift of the note causa mortis; that the appellee recovered from her sickness and never required her husband to return the note to her, but let him keep and destroy the same, with the understanding that he was to will her the value of the note in land in addition to what he had already willed, but he neglected to make the devise. These facts the appellant relies upon to estop the appellee from recovering on the note, contending that she should resort to her action of assumpsit against the estate to recover the value of the note. The appellant proves substantially the foregoing facts, with the additional ones that A. J. Tribble often expressed his purpose to make the additional will, and on several occasions went to town to have his attorney make it; but his attorney put him off for the present, or was out of town, and he died without having made it, but regretted on his death-bed that he had put it off until it was too late. The lower court gave judgment on the note for its principal and interest, subject to a credit of $595, the value of the personal property that the appellee received from the estate under the will; the court also subjected the remainder interest of the appellant to sale for the satisfaction of said judgment. From that judgment the appellant appeals, but the...