In re Estate of Garrett

In In re Estate of Garrett, 24 Ill. App. 3d 895, 899, 322 N.E.2d 213 (1975), a paid promissory note was found in an envelope in the safety deposit box of the deceased. The envelope had, in the deceased's handwriting, a note that stated the deceased owed the claimants $ 5,000. The promissory note inside also had a note on the reverse side in the deceased's handwriting that indicated the deceased paid the note with funds from claimants and that he wanted the loan paid out of his estate. Garrett, 24 Ill. App. 3d at 896-97. The claimants filed their cause of action more than five years after it had accrued and argued that the note was other evidence of indebtedness in writing such that the 10-year limitations period applied. Garrett, 24 Ill. App. 3d at 897. The Second District of this court agreed. Although not technically a written contract, the court found the document was "of a contractual nature" and of the same class of documents listed in the statute. Garrett, 24 Ill. App. 3d at 899. The court determined that the documents were complete by themselves and parol evidence was not required to determine the parties, the nature of the transaction, the amount in question or the intention to repay the debt. Garrett, 24 Ill. App. 3d at 899.