In re Estate of Whitley

WALDEN, Judge.

This is an appeal of an order satisfying a debt. The decision of the probate court is affirmed.

This case involves the question of whether the obligation represented by a certain promissory note executed by decedent’s debtor is an asset of the estate. Specifically at issue is the validity of a clause in the promissory note cancelling the debt if payee failed to demand payment prior to his death.

Decedent’s widow, Lois F. Whitley, filed a statement of claim regarding a $100,000 promissory note executed by Fridhilda Amman on August 18, 1983, and payable to decedent. The note, which…