Holsomback v. Akins

Marshall, Judge.

Appellant seeks recovery against decedent’s estate on a check signed by decedent and tendered to him prior to her death.

In his affidavit in support of his motion for summary judgment, appellant states the following: Appellant’s father died in August, 1969. Just prior to his death, in the presence of appellant’s wife and stepmother, his father told appellant that he had not left a will but had made arrangements for appellant to receive part of his estate. Appellant’s stepmother then told appellant not to worry, that appellant would get his share of his father’s estate. The…