IN RE SMITH'S ESTATE

No. 48214.

56 N.W.2d 477 (1953)

In re SMITH'S ESTATE. SMITH v. CROW.

Supreme Court of Iowa.

Rehearing Denied March 13, 1953.


Attorney(s) appearing for the Case

Volney Diltz, of Des Moines, and W. W. Bulman, of Chariton, for appellant.

Watson & Herrick, of Indianola, for appellee.


MULRONEY, Justice.

Bruce Smith filed a claim against the estate of his mother, Flora B. Smith, for $5,000 based on a note in that amount dated March 10, 1947 signed by his mother, naming him as payee and payable five years after date without interest. The executrix denied execution and delivery of the note and asserted lack of consideration and other defenses. At the trial the claimant introduced the note and established it was executed by decedent and then went on...

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