Gray v. Mcdougal

J. O. McDougal, of Forrest City, Arkansas, died intestate on March 17, 1951, survived by a widow and two children. The widow, appellee herein, petitioned the Probate Court of St. Francis County, Arkansas, for appointment as administratrix of the estate, and letters of administration were issued to her on March 20, 1951. On April 23, 1951, appellant, Mrs. Jennie May Gray, filed a claim against decedent's estate for $5,850.00 based on a promissory note for $5,000 dated February 1, 1951, payable 12 months after date and bearing interest at the rate of 7% per annum from date until paid. The note was allegedly executed by decedent and delivered to appellant, as payee, at Lawrenceville, Illinois. This appeal is from the finding and judgment of the trial court that the note in question was executed by the deceased [223 Ark Page 99] without consideration, and that the claim of appellant should be denied and dismissed.