Floyd v. Towndrow

COMPTON, Justice.

The last will and testament of Emma F. Towndrow was admitted to probate in the district court of Colfax County on removal from the probate court of that county on August 18, 1941; and Thomas Floyd was appointed and qualified as executor.

This action was brought by the executor in a separate proceeding in the district court of Colfax County, to recover principal, interest and attorney’s fees alleged to be due on a promissory note in the principal sum of $2370, made by appellants (defendants) in deceased’s lifetime and payable to her.

The appellants answered, admitting the…