Dillard v. Dillard

McDOWELL, Presiding Judge.

This action is under the Declaratory Judgments Act, V.A.M.S. § 527.010 et seq. Lela Dillard, executrix of the estate of F. M. Dillard, deceased, seeks to have the court determine that the written instrument sued on be declared a promissory note and judgment rendered for plaintiff for the amount of the note with interest and attorney fe.es.

The cause' was tried by the court and judgment rendered for defendant. Plaintiff appealed.

*770The petition alleges that plaintiff is the duly qualified and acting executrix of the estate of F. M: Dillard, deceased; that F. M. Dillard…