In re Haviland

The appeal from parts of the decree presents for review a claim made by appellant against the estate of testatrix, which claim was tried and rejected upon the accounting of the executors.

The sole question here relates to the validity of that claim, which, in substance, is that the appellant, by virtue of a contract between Mm and the testatrix, partly written and partly oral, is entitled to the cancellation without payment, as of the date of the death of the testatrix in 1936, of a concededly valid promissory note executed by him to her, in the sum of $5,000, dated May 21, 1925, payable in…