Zinni v. Estate of Schleusener

OPINION OF THE COURT

PATRICIA W. COCALIS, Circuit Judge.

This cause came before the Court for non-jury trial on three (3) promissory notes executed by Defendants CALDWELL and WRIGHT, and by Decedent, ERNEST SCHLEUSENER. The Court was advised that Defendants CALDWELL and WRIGHT have been discharged in bankruptcy, leaving only the Estate defending the action.

The Estate defended on the ground that no claim was timely filed in Probate, and asserted usury. At trial, over objection of the Estate, Plaintiffs sought to amend their pleadings to raise estoppel as a basis for overcoming the Estate’s…