Marjorie Ellmaker v. Calvin Tabor

EISMANN, Justice.

This is an appeal out of Canyon County from a judgment dismissing the plaintiffs claim seeking to recover the amount owing on a promissory note that the plaintiff inherited, where the decedent’s estate was never probated. We affirm the judgment.

I

Factual Background.

Sarah Chitwood was a retired school teacher and a long-time resident of McCall, Idaho. She had a very good friend, Marjorie Ell-maker, who resided in Notus, Idaho. In 2003, Ms. Chitwood contacted an attorney to draft a durable power of attorney, naming Ms. Ellmaker as her attorney-in-fact. Ms. Chitwood executed the…