Edward Saunders sold real property to 2107 Brandywine, LLC and 2109 Brandywine, LLC (Brandywine), and they executed a promissory note requiring monthly payments. Brandywine tendered payments to Saunders during his

Edward Saunders sold real property to 2107 Brandywine, LLC and 2109 Brandywine, LLC (Brandywine), and they executed a promissory note requiring monthly payments. Brandywine tendered payments to Saunders during his lifetime. Four years later, Saunders died. Brandywine knew of the death, and Saunders’s girlfriend, Francina Mitchell, told Brandywine’s principal, Frederic Harwood, that she was the personal representative of the estate, and the remaining note payments were to be delivered to her. Brandywine tendered twenty monthly payments on the note to Mitchell, by checks payable to Saunders. Mitchell deposited them in an account at Provident Bank, which she and Saunders had held jointly. Calvin Jackson was appointed personal representative of Saunders’s estate, and he claimed the estate never received payments due under the note. Brandywine filed a lawsuit to determine its liability under the note. Should the checks Brandywine issued after Saunders’s death count as payments on the note?


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