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Commercial Law Keyed to Whaley
In re Estate of Rider
Citation:
407 S.C. 386, 756 S.E.2d 136 (2014)Facts
Marion Rider allegedly loaned money to his son, Bobby Gene Rider, who purportedly executed a promissory note in favor of his father. After both men died, Patsy Rider, as personal representative of Marion’s estate, filed a claim against Bobby’s estate based on the promissory note. However, Patsy could not produce the original note, offering instead a copy that Bobby’s estate challenged as potentially altered or fabricated. The copy showed a note for $187,000 at 3.5% interest, allegedly signed by Bobby. Patsy testified that Marion had shown her the original note before his death, but she could not locate it afterward. Bobby’s estate contested both the existence and terms of the original note, arguing that without the original, enforcement should be denied.
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