Merchants & Manufacturers Bank v. Fox

Appellant bank held three genuine notes signed and delivered to said bank, for value received, by D. B. Fox, now deceased. After the death of Fox, appellee was appointed administrator of the decedent’s estate. With in six months the cashier attempted to probate the notes under the statute, section 1671, Code 1930, which reads as follows:

“Any person desiring to probate his claim shall present to the clerk the written evidence thereof, if any, or, if the claim he a judgment or decree, a duly certified copy thereof, or, if there be no written evidence thereof, an itemized account, or a statement…