TOPLITZKY v. SCHILT

No. 19100.

361 P.2d 970 (1961)

Flora TOPLITZKY, Plaintiff in Error, v. Bernerd E. SCHILT, as Successor Administrator de bonis non of the Estate of Max Toplitzky, Defendant in Error.

Supreme Court of Colorado. En Banc.

Rehearing Denied June 5, 1961.


Attorney(s) appearing for the Case

Wagner & Wyers, Denver, for plaintiff in error.

J. Glenn Donaldson, Denver, for defendant in error.


HALL, Chief Justice.

On October 24, 1955, Max Toplitzky died intestate. At the time of his death he was the owner and operator of a wholesale produce business in Denver, Colorado, doing business under the trade name of M. Toplitzky & Co.

On the day following his death his widow and sole heir, Flora Toplitzky, plaintiff in error, to whom we refer as Flora, was appointed administratrix of Max's estate. On the same day she took the oath of office and furnished...

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