Lind v. Frick

The estate of Mary Toner, through its personal representative, Effie Frick, appeals from denial of its pretrial motion to dismiss a creditor claim, and allowance of the claim at trial. We affirm.

Circumstances leading to this action show that Dan and Mary Toner executed a $9,000 promissory note in 1964 to Mr. Frederick Lind and the Preston Mill Co. for purchase of stock in a corporation. Payments on the note were made until the death of Mary Toner in 1967. The bulk of her estate was left to her husband, Dan, who substantially dissipated these assets before his death in 1970. An additional…