In Re Smith's Estate

Bruce Smith filed a claim against the estate of his mother, Flora B. Smith, for $5000 based on a note in that amount dated March 10, 1947, signed by his mother, naming him as payee and payable five years after date without interest. The executrix -denied execution and delivery of the note and asserted lack of consideration and other defenses. At the trial the claimant introduced the note and established it was executed by decedent and then went on to show the circumstances of how it was found after her death folded up with her will in her lockbox in the bank. Claimant then introduced evidence…