IN RE ESTATE OF OSBORN

No. 79-1394.

383 So.2d 1107 (1980)

In re the ESTATE OF Ivan E. OSBORN, Deceased.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 18, 1980.


Attorney(s) appearing for the Case

Henry A. Fricke, of Spear, Deuschle & Curran, P.A., Fort Lauderdale, for appellant.

Nancy Little Hoffmann, and E. Clay Shaw, Jr. of Huebner & Shaw, Fort Lauderdale, for appellee Pan American Bank of Broward County, N.A.


LETTS, Chief Judge.

Appealed here is a trial court ruling requiring payment of claim against an estate despite failure by the creditor to petition the probate court for payment within one year from the date the claim was filed. We affirm.

The deceased was a guarantor of a $50,000 promissory note, in default, in favor of the Pan American Bank which commenced suit on the note in Circuit Court. Thereafter upon the death of the decedent the Bank timely filed its...

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