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Creditor’s Rights – Promissory Note – Maker’s Estate – Proper Defendant (access required)

By Deborah Elkins
Published: November 23, 2009

A creditor suing to enforce a promissory note made by decedent Herbert F. Johnson Jr. has named the proper party defendant in this suit against Nancy Hunt as executrix of Johnson’s estate, a Charlottesville Circuit Court holds, even though the creditor inadvertently omitted the “Jr.” in half of the caption of the complaint. Plaintiff’s initial pleading, ...
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