ESTATES OF DECEDENTS, § 277 — when error to direct verdict for executor on claim against estate. On claim against decedent's estate by decedent's former wife for money allegedly loaned to decedent by claimant, which claim was disallowed by judge of probate court, held that, under evidence on appeal to circuit court, claimant made out prima facie case as against executor's contentions that loan was never made and that, in any event, claim was barred by limitations; that there was no real merit in executor's contention that, because claimant failed to file reply to paragraph of executor's answer which alleged that, if loan was made, it was made as consideration for decedent's not contesting claimant's divorce suit against him, it might be assumed that loan, if made, was result of illegal transaction and therefore claimant was not entitled to prevail, and that, consequently, circuit court's granting of executor's motion for directed verdict was error.
See Callaghan's Illinois Digest, same topic and section number.
Opinion by JUSTICE SCANLAN.
Not to be published in full. Opinion filed November 4, 1943; rehearing denied November 23, 1943.