Sutch's Estate
Sutch's Estate
Opinion of the Court
Opinion by
We have narrated the facts in this case fully in the appeal of John Z. Sutch from the decree of the same court in the same estate, opinion handed down this day. In this case, however, the decree of the court has less evidence to sustain it than in that against John Z. Sutch. In that case H. L. King,
The decree is reversed, and it is ordered the balance on the account to be distributed in accordance with this opinion.
Reference
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- Syllabus
- Evidence—Parol evidence—Promissory notes—Parent and child—Competency of witness. Where a father draws a promissory note in favor of his daughter, the real consideration for which was past services rendered by the daughter after her majority, and it appears that the note was made in an attorney’s office, not in the presence of the daughter, and delivered by the father to the daughter subsequently without any one being present, the attorney, after the father’s death, is an incompetent witness to prove an alleged contemporaneous agreement to the effect that the note was only to be used in case the daughter should be disinherited. In such case if there is no other evidence of the alleged agreement, and there is no proof of fraud, accident, mistake, duress or undue influence, the note will be sustained.