Western Commerce Bank v. Gillespie

OPINION

RANSOM, Justice.

Western Commerce Bank appeals from an order enforcing an agreement in settlement of the claim of Western as a creditor of the Miller estates. Because Western had failed to file its claim within the time limitations under the probate code, the personal representatives had refused to pay the claim. Relying upon defects in the published notice to creditors, Western sued the personal representatives and heirs on' unpaid promissory notes in the principal sum of $315,962.86. On February 10,1988, the heirs tendered an offer of settlement that provided for the payment of…