Filtsch v. Sipe

HURST, V.C.J.

This is a probate appeal involving a claim against the estate of Emery A. Foster, deceased. The facts material to the issues presented are these:

Foster died on March 4, 1936. Prior to his death, he executed and delivered to Fannie Filtsch, claimant and appellant herein, a note for $500, secured by a real estate mortgage. On September 29, 1937, Harriet C. Foster, his widow, was appointed administratrix of his estate, and on October 20,1937, she caused notice to creditors to present claims to be posted and first published as required by law. After Foster’s death, but before the…