Tracy v. Alvord

BRITT, C.

Defendants’ testator, J. C. Wilmerding, died February 20, 1894. About one year previously he made and signed a paper writing having the form of a promissory note for ten thousand dollars, payable sixty days from its date to the order of Felix Tracy, the plaintiff. It is claimed on the latter’s behalf in this action (which is founded on said note as a demand against the estate of said deceased) that the instrument was delivered by the testator to a third person for plaintiff’s use, and that a valid gift thereof, either inter vivos or in view of death, was made by the testator to the…