In Re Estate of Balkus v. Security First National Bank of Sheboygan Trust Department

Ann Vesely appeals from a judgment denying her claims against the estate of her brother, James T. Balkus. Vesely claims that she is entitled to payment on deposit slips and promissory notes found amongst Balkus's possessions because, as a holder in due course, she takes them free from the defenses asserted by the personal representative of the estate. We conclude the deposit slips are not negotiable instruments and, therefore, Vesely is not a holder in due course. We also conclude that the promissory notes are subject to the personal representative's defense of nondelivery because Vesely is…