IN RE ESTATE OF WHITLEY

No. 85-2891.

508 So.2d 455 (1987)

In re ESTATE OF Harry T. WHITLEY, Deceased.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 6, 1987.


Attorney(s) appearing for the Case

Joseph D. Farish, Jr., of Farish, Farish & Romani, West Palm Beach, for appellant-Lois F. Whitley.

Dennis J. Powers and Marc R. Goldstein of Levy, Shapiro & Kneen, West Palm Beach, for appellee-Amann.

Nancy Malley Graham of Steel Hector Davis Burns & Middleton, West Palm Beach, for appellee-Bank of Palm Beach as Personal Representative.


WALDEN, Judge.

This is an appeal of an order satisfying a debt. The decision of the probate court is affirmed.

This case involves the question of whether the obligation represented by a certain promissory note executed by decedent's debtor is an asset of the estate. Specifically at issue is the validity of a clause in the promissory note cancelling the debt if payee failed to demand payment prior to his death.

Decedent's widow, Lois F. Whitley, filed...

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