McKown's Estate
McKown's Estate
Opinion of the Court
The appellant presented a claim against the estate of her brother, James C. McKown, for the sum of $19,700. It was in form a judgment note payable on demand and dated Pitts-burg, October 23, 1893. McKown died June 2, 1897, and some time after that the note was found among his papers by O’Neil who delivered it to the appellant. A vigorous effort was made to establish the validity of the claim that it might be allowed to participate in the distribution of the insolvent estate. But the evidence submitted to support the claim was not sufficient to establish the existence of a bona fide indebtedness of $19,700 due on demand from McKown to Mrs. Atwell. Her testimony did not contain an intimation of a loan from her to
Reference
- Full Case Name
- McKown's Estate (No. 2.)
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Decedent's estates—Judgment note—Delivery—Evidence. A judgment note of a decedent in favor of a sister, never delivered in the lifetime of the decedent, but found amongst his papers after his death cannot be sustained as a claim against his estate upon the testimony of a witness to the effect that the decedent had told him three years after the date of the note and at a time when the decedent was hopelessly insolvent, that he had left a note payable to his sister which would be found amongst his papers, and that it represented what he owed his sister, and there is no other testimony in the case to show that the decedent actually owed bis sister anything.