Cotner College v. Hyland

The opinion of the court was delivered by

Burch, J.:

The proceeding was originally one in the probate court for allowance of a claim against an estate. The claim was based on a- subscription to the endowment fund of Cotner College, at Bethany; Neb. The claim was allowed, and the executors appealed. In the district- court-judgment was rendered for the college, and the executors again-appeal.

The subscription paper was executed and accepted while the college was making a campaign for funds known as the “Cotner crusade,” and reads as follows:

“Cotner College Endowment Fund.

E-I-K 162; Estate Note.

“In…