ARNOLD v. ABERNETHY

No. 19511.

358 P.2d 47 (1960)

R. J. ARNOLD, Executor of the Estate of Mattie Davis, Deceased, Plaintiff in Error, v. Fred F. ABERNETHY, Defendant in Error.

Supreme Court of Colorado, In Department.

Rehearing Denied January 16, 1961.


Attorney(s) appearing for the Case

John T. Dugan, N. I. Golden, Denver, for plaintiff in error.

No appearance for defendant in error.


MOORE, Justice.

We will refer to the parties by name. Mattie Davis died February 12, 1952, and R. J. Arnold was appointed executor of her estate. Prior to her death she brought the instant action against Abernethy to recover certain moneys which had been placed on deposit in a bank in joint tenancy in the names of Abernethy and Davis. Arnold was substituted as plaintiff following his appointment as executor. There is no appearance in this court by Abernethy.

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