St. Francis Hospital v. Central Trust Co.

*409The opinion of the court was delivered by

Parker, J.:

This case originated in the probate court by the filing of a claim for allowance against an estate. The claim was based upon a check payable to the St. Francis Association, for $10,000, which had not been cashed during the lifetime of its maker. In probate court a demurrer was sustained to the claimant’s evidence and it appealed to the district court, where a similar demurrer to the evidence was again sustained. This appeal is from that ruling.

The real nature of the claim is best disclosed by the pleading filed by the claimant in probate…