In re the Estate of Brooks

Barnes, S.

This claim is based upon a lost or destroyed note alleged to have been made by the decedent in 1941, payable one year from date. The decedent died on December 26, 1947. At some time after the appointment of the executors, the claimant went to the attorney for the claimant in this proceeding and showed him this alleged note. Mr. Peterson testified as a witness that he had this note in his possession and made out a claim against the estate based upon the note. He testified that the handwriting on the face of the note and the signature were different and in his opinion the signature of…