Hoover v. Estate of Hoover

Citations

• 104 Kan. 635
• 180 P. 275
• 1919 Kan. LEXIS 325

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trial — Findings—When Conclusive. The rule followed, that a general finding made by a trial court determines every controverted question of fact in support of which evidence has been introduced.</p> <p>2. Promissory Note — Consideration—Evidence—Findings. Where there is some evidence to show that a promissory note was given for a valuable consideration, and there is no evidence to show that the note was not so given, the trial court is justified in finding that there was a valid consideration for the note.</p> <p>3. Same — Note Imports a Consideration. Under section 2040 of the General Statutes of 1915, a promissory note imports a consideration.</p> <p>4. Same — Fiduciary Relation of Parties. The rule followed in the first paragraph of this syllabus is applied to a transaction wherein a fiduciary relation existed between the parties thereto.</p> <p>5. Same — Claim against Estate — Presentation for Allowance — Statute of Limitations. A father signed a note, gave it to his son, and named that son as sole executor of his will. The son was appointed executor of the father’s will, but did not report to the probate court that he had a claim against the estate, and did not present his claim for allowance until more than two years after letters of administration had been granted and bond had been given. The note was not due at the time it was presented, and the administration of the estate had not then, been fully completed. Held, that the claim was not barred by either section 4565 or 4590 oí the General Statutes of 1915.</p> <p>6. Same — Claim against Estate — Limitation of Actions. The failure of an executor of an estate to publish a notice of his appointment does not prevent sections 4565 and 4590 of the General Statutes of 1915 from running against any claim that he has against the estate.</p> <p>7. Trial — Evidayiee. There was no substantial or prejudicial .error in admitting or rejecting evidence.</p>