Kelley v. Butler

J. W. and Emma K. Butler, husband and wife, September 10, 1931, executed a joint and several promissory note, whereby they promised to pay to the order of J. E. Kelley $421.21, with interest. About a year thereafter, Mr. Butler died, intestate, and his widow was regularly appointed administratrix of his estate. The then holder of the promissory note filed with the administratrix its verified claim, based on the note, which claim was allowed in the full amount thereof as a debt due from the estate. Mrs. Butler, claiming her statutory rights as against the estate, it appearing that no homestead had been claimed by either spouse prior to Mr. Butlers death, and the entire property having been appraised at a figure less than $3,000, was awarded all of the property belonging to the estate, pursuant to the statute applicable to such a situation. No attack was ever made upon the regularity of these proceedings.