Dennis v. Brown

NOURSE, J.

This is an action on a promissory note for $10,000 and interest brought by the administrator of the estate of Easter Belle Stewart, deceased, against the estate of her father, James Brown, deceased. Judgment was rendered in favor of defendant, and plaintiff appeals.

The defendant Eldora Brown is the widow of James Brown, who was the father of Easter Belle Stewart by a former marriage. Easter Belle Stewart died intestate November 25, 1918, in Spokane, Washington, where she resided with her husband, Neil Stewart. About four months later, on March 21, 1919, her father, James Brown, died in San Francisco, where he resided with his wife, Eldora Brown. He left a will in which he named his wife executrix, and divided his property, share and share alike, between her and a son by his former marriage. Ten days after the death of James Brown, Neil Stewart, as surviving husband of Easter Belle Stewart, in writing, nominated the original plaintiff, William S. Dennis, as adminstrator of her estate, and requested the superior court at San Francisco to appoint him as such administrator. The application for letters named Neil Stewart and James Brown as the next of kin and heirs at law of Easter Belle Stewart. William S. Dennis died pending the appeal and Robert Dennis was appointed administrator of Mrs. Stewart’s estate and substituted as plaintiff in this action. Among the papers left by the deceased James Brown at his home, or in a wallet delivered by him to his wife about two weeks before his death, was the note in suit, dated February 1, 1918, signed by him and naming his daughter payee. With it. was an- explanatory letter to the daughter. This action was commenced after a claim therefor presented against the father’s estate was rejected by the executrix. The issues presented by the pleadings are due execution and delivery of the note and want of consideration.

The note and explanatory letter were produced by defendant on the trial and introduced in evidence by plaintiff. This letter reads:

“My dear Easterbelle:

“The enclosed note is to represent value of Twenty-five hundred ($500) dollar bonds of the California Paper &

[441]

Board Mills which I set aside for you when they were issued but which I was never able to give you as I used them as security for money I borrowed but they were redeemed February 1st, 1918, & instead of cash I am giving you a note as I still need the money.