Opinion
Gen. No. 44,035. (Abstract of Decision.)
Opinion filed June 16, 1947 Rehearing denied June 30, 1947 Released for publication June 30, 1947
ESTATES OF DECEDENTS, § 295 — proof of claim based on decedent's note to her niece and latter's husband. Prima facie case respecting claim against estate based on note whereby decedent "for value received" promised to pay certain sum to her niece and latter's husband, established by introduction of note, was not overcome by testimony of husband on adverse examination allegedly showing want of consideration, so that order of circuit court allowing claim was affirmed, where he testified that consideration for note was managing decedent's properties and destruction of former note given him by her in consideration for services and loss sustained in moving out of his home into decedent's building, and where there was nothing to indicate domination or impairment of faculties and there was no showing of fiduciary relationship.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. PHILIP J. FINNEGAN, Judge, presiding.
Affirmed. Heard in the first division, first district, this court at the April term, 1947.
Joseph F. Elward, for appellant;
Cameron, Heath Burry, for appellees;
William Burry, of counsel.
Not to be published in full. Opinion filed June 16, 1947; rehearing denied June 30, 1947; released for publication June 30, 1947.