Price v. Jones

Elliott, J. —

The claim of appellee against the estate of *544Benjamin Price, deceased, rests upon an account for boarding the deceased, and on an instrument executed by him reading as follows:

“$2,000. September 18 th, 1881.

“ One day after my death, I promise to pay to the order of Nancy M. Jones two thousand dollars, to be paid out of my estate. For value received, without any relief from valuation or appraisement laws, with six per cent, interest from date until paid, and attorney’s fees.

“Benjamin Price.”

The appellants insist that the instrument is an attempt to make a testamentary disposition…