Kesterson v. Cronan

Defendant appeals from a judgment for plaintiff, as personal representative of James A. Wilson, deceased, for monthly payments due on defendant’s promissory note to Wilson. The only issue on appeal is whether defendant proved his affirmative defense that he was the donee of a gift causa mortis, by which Wilson delivered the note to him with the intention that the balance due under the note be forgiven on Wilson’s death. We affirm.

On appeal, the parties have stipulated to these facts: Wilson learned that he had terminal cancer in 1983 or 1984. At about that time, he arranged for Harold Buell,…