In re Estate of Harchelroad

Summary

The Nebraska Supreme Court affirmed an order requiring Sidney Harchelroad's estate to contribute to debts on promissory notes for which Sidney and Brian Harchelroad were accommodation makers and cosureties. It held that judgments against Brian did not extinguish Sidney's joint and several liability, and that Michelle's individual payments to the banks acquired assigned rights rather than extinguishing the notes. Because Brian and Michelle paid more than their fair shares, their estates or assignee could recover one-half of the applicable payments from Sidney's estate.