Bailey v. Bailey

Opinion op the Court by

Morris, Commissioner

Affirming.

Appellant is the executor of the will of his father M. L. Bailey. Appellee, another son, filed suit alleging that' deceased had executed and delivered to him the following writing: “September 26, 1934. Due Robert Bailey $745 in cash. M. L. Bailey.” Following the father’s death the son made demand of the executor, bnt payment was refused. He sought judgment for the sum named with interest from date. Answer, following denial, plead no consideration, and that the paper exhibited “had been materially altered by changing the year from 1936 to…