Rydeen v. Collins

Peterson, Justice.

Respondent filed a claim for a promissory note for $5,000 against decedent’s estate, which, was disallowed by the probate court. On appeal, the district court reversed the probate court and ordered the claim allowed. The appeal is from the judgment.

Appellant challenges the finding of fact, without which the judgment cannot stand, that there was a consideration for the note, and the conclusion of law that the note was a valid claim against decedent’s estate, even though it had not been presented for payment to decedent or, prior to the filing thereof, to appellant as his…