Fischer v. Fischer

Julius W. Fischer, executor of the estate of Mary A. Smith, deceased, filed an application in the probate proceedings of the estate asking for instructions whether two *868notes bearing notations should be listed as part of its assets. Decedent, tbe payee of tbe notes, died before tbeir maturity. Tbe maker of tbe notes filed a resistance to tbe application and later an amendment thereto alleging that a contract for cancellation of tbe notes existed by reason of the notations placed on them and represented tbe terms and conditions on which they were executed. It was also asserted tbe memoranda on…